Durham v. United States

Not until several months after petitioner had seasonably filed a petition for rehearing from the Court of Appeals' affirmance of his conviction and he had been advised that he would be notified as soon as there was a ruling on that petition, was he informed (on further inquiry) of the court's denial thereof. Within three weeks of receiving that advice, he filed a petition for certiorari, but thereafter he died.

Held:


 * 1. On the facts of this case, waiver of Rule 22 (2)'s time requirement for filing a petition for certiorari is proper.


 * 2. Death pending direct review, whether by certiorari (as in this case) or appeal, of a federal criminal conviction abates all previous prosecutive proceedings.

Certiorari granted, 419 F. 2d 392; vacated and remanded to the District Court with directions to dismiss the indictment.

PER CURIAM.