Record
Court opinion
1969-06-16
CourtListener (Free Law Project), text of the per curiam
Balistrieri v. United States, 395 U.S. 710 (1969) (per curiam)
The Supreme Court's per curiam of June 16, 1969 granting rehearing, vacating its earlier denial of certiorari and the Seventh Circuit's judgment in Frank Peter Balistrieri's tax case, and remanding in light of Alderman v. United States and Giordano v. United States.
- Date
- 1969-06-16
- Kind
- court-opinion
- Retrieved
- 2026-10-12
- Docket
- No. 1070
- Rights
- Opinion of a United States court. Works of the federal judiciary are in the public domain in the United States (17 U.S.C. § 105). The text was read on CourtListener.
Supreme Court of the United States, decided June 16, 1969. Edward Bennett Williams and Harold Ungar appeared for the petitioner, Solicitor General Griswold for the United States.
The per curiam reads in full: “The petition for rehearing is granted and the order denying the petition for a writ of certiorari is vacated. The petition for a writ of certiorari is granted and the judgment of the United States Court of Appeals for the Seventh Circuit is vacated. The case is remanded to the United States District Court for the Southern District of Illinois for further proceedings in light of Alderman v. United States, 394 U. S. 165, and Giordano v. United States, 394 U. S. 310.” Justice Black dissented; Justice Marshall took no part.
The remand sent the eavesdropping question back to the trial court; it did not set aside the conviction on the merits. The Seventh Circuit’s 1979 opinion records the case’s later course: 606 F.2d 216. The GovInfo link above is the U.S. Reports PDF; its text, opened for this page, matches CourtListener’s and gives the headnote “Rehearing granted; 394 U. S. 985, vacated; certiorari granted; 403 F. 2d 472, vacated and remanded.”