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

> Court of Appeals for the Second Circuit · October 1, 1962 · 306 F.2d 596

URL: https://www.frixlaw.com/law-library/cases/9448734

## Case

- **Full name:** UNITED STATES of America Ex Rel. Frank BROWN, Petitioner-Appellee, v. Robert G. SMITH, Warden, Vermont State Prison, Respondent-Appellant
- **Court:** Court of Appeals for the Second Circuit
- **Decided:** October 1, 1962
- **Citations:** 306 F.2d 596
- **Precedential status:** Published
- **Opinion:** On rehearing
- **Judges:** Lumbard, Waterman, Friendly
- **Cited by:** 34 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/9448734

## How later opinions describe it (automated extraction)

- 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”

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9448734. Public record. Not legal advice.