Evola v. United States/Dissent Clark

Mr. Justice CLARK, with whom Mr. Justice HARLAN and Mr. Justice WHITE join, concurring in part and dissenting in part.

I realize, of course, that in remanding these cases the Court neither decides that Campbell governs nor implies how the Court of Appeals should decide them. Nevertheless, I would grant the petitions for certiorari and set these cases for argument, since it is my feeling that it is futile to remand 'for reconsideration in light of Campbell v. United States, 373 U.S. 487 (83 S.Ct. 1356, 10 L.Ed.2d 501).'

Although these cases were decided prior to Campbell, the Court of Appeals' disposition has support in the record and is worthy of argument. All the evidence before the District Court was documentary and the Court of Appeals was therefore correct in making factual determinations on the basis of such evidence.