# United States ex rel. Darcy v. Handy

> Court of Appeals for the Third Circuit · June 9, 1955 · 224 F.2d 504

URL: https://www.frixlaw.com/law-library/cases/6911969

## Case

- **Full name:** UNITED STATES of America ex rel. David DARCY v. Earl D. HANDY, Warden of Bucks County Prison, Dr. Fred S. Baldi, Warden of the Western State Penitentiary, Rockview, and Carl H. Fleckenstine, United States Marshal for the Middle District of Pennsylvania
- **Court:** Court of Appeals for the Third Circuit
- **Decided:** June 9, 1955
- **Citations:** 224 F.2d 504
- **Precedential status:** Published
- **Opinion:** Dissent by Biggs
- **Judges:** Biggs, Hastie, Kalodner
- **Cited by:** 10 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6911969

## Opinion text

BIGGS, Chief Judge
(dissenting).
On reviewing the record in this case I cannot avoid an abiding conviction that the judicial process under which Darcy *517 was tried was so distorted by circumstances, both in and out of the courtroom, as to result in fundamental unfairness. The brutal crime committed by Darcy, Foster, Zeitz and Capone had angered the citizens of Bucks County. By editorials, news stories and comments the press prejudged Darcy’s case and prejudiced the minds of the citizenry against him. I cannot believe that all members of the jury remained uninfluenced by these publications.
Though Darcy had been granted a separate trial pursuant to the Pennsylvania Act of March 31, 1860, 19 P.S.Pa. § 785, the severance was rendered worthless when his trial was proceeded with only three days after that of Foster and Zeitz. Under the circumstances a change of venue or a delay in putting Darcy on trial was requisite to fairness.
Judge Boyer’s preoccupation with Darcy’s trial was intense. He had been on the bench for many years and was a man of great weight in the community. He had complimented the jury at the close of the trial of Foster and Zeitz for imposing the death penalty and this fact had been widely publicized immediately preceding the commencement of Darcy’s trial. From his repeated visits to and his behavior in the courtroom the members of the Darcy jury, with reason, could have inferred that he desired to indicate his belief and his desire that Darcy, like Foster and Zeitz, should be found guilty and that the penalty of death should be imposed upon him by the jury: that such was the belief and the desire of the judicial authorities of Bucks County. Though in theory a judge does not control the decisions of juries, judicial attitudes have great influence on jurors. Fairness cannot condone Judge Boyer’s conduct.
The foregoing amounts to a denial of due process. A writ of habeas corpus should issue in this case and Darcy should be granted a new trial. The grant of the writ will not prevent him from being tried again for he cannot successfully plead double jeopardy.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6911969. Public record. Not legal advice.