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ALDERMAN v. UNITED STATES

No. 133.

394 U.S. 165 (1969)

ALDERMAN ET AL. v. UNITED STATES.

Supreme Court of United States.

Rehearing and certiorari granted and case decided January 29, 1968.

Motion to modify argued May 2, 1968.

Reargued October 14, 1968.

Order of January 29, 1968.

Withdrawn, rehearing and certiorari granted, and case decided March 10, 1969.

Attorney(s) appearing for the Case

Solicitor General Griswold reargued for the United States in No. 133, October Term, 1967, on the motion to modify the Court's Order of January 29, 1968, 390 U.S. 136. With him on the brief were Assistant Attorney General Vinson, Louis F. Claiborne, John S. Martin, Jr., Beatrice Rosenberg, and Sidney M. Glazer.

Edward Bennett Williams reargued for petitioners in No. 133, October Term, 1967, in opposition to the motion. With him on the brief were Harold Ungar and W. H. Erickson.

Mr. Williams argued the cause and filed a brief for petitioner in No. 11. Charles Danzig, by appointment of the Court, 393 U.S. 814, argued the cause and filed a brief for petitioner in No. 197.

Solicitor General Griswold argued the cause for the United States in Nos. 11 and 197. With him on the brief were Assistant Attorney General Yeagley, Messrs. Claiborne and Martin, and Kevin T. Maroney.

No. 133, Oct. Term, 1967.

MR. JUSTICE WHITE delivered the opinion of the Court.

After the convictions of petitioners had been affirmed, and while their cases were pending here, it was revealed that the United States had engaged in electronic surveillance which might have violated their Fourth Amendment rights and tainted their convictions. A remand to the District Court being necessary in each case for adjudication in the first instance, the questions now...

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