Opinion

United States of America Ex Rel. Frank Brown v. Robert G. Smith, Warden, Vermont State Prison

  • 306 F.2d 596
Court
Court of Appeals for the Second Circuit
Filed
Oct 1, 1962
Status
Published
On the bench
Lumbard, Waterman, Friendly
Cited by
34 cases

reversing trial court’s decision to quash petit jury panel as “clearly erroneous,” because “the mere awareness that some of their fellows had such prejudice as to require that they be excused cannot realistically be said to disqualify the jurors finally selected”

How later courts described this case

  • reversing trial court’s decision to quash petit jury panel as “clearly erroneous,” because “the mere awareness that some of their fellows had such prejudice as to require that they be excused cannot realistically be said to disqualify the jurors finally selected”
  • trial in small Vermont town; reporting of defendant’s criminal record three months before his trial did not require overturning conviction

Written by the judges who cited it.

The opinion

ON PETITION FOR REHEARING IN BANC

Before LUMBARD, Chief Judge, and CLARK, WATERMAN, MOORE, FRIENDLY, SMITH, KAUFMAN, HAYS and MARSHALL, Circuit Judges.

PER CURIAM.

All of the active judges concurring, except Judge CLARK and Judge SMITH who vote to grant, the petition for rehearing in banc is denied.

Judges CLARK and SMITH dissent and vote for rehearing in banc so that the full bench may review the entire record in this case, particularly the effect on the possibility of a fair trial of the prosecution’s revelation to the press of the defendant’s prior criminal record.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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