Opinion

United States of America Ex Rel. Anthony Scoleri v. William J. Banmiller, Warden, Eastern State Penitentiary

  • 310 F.2d 720
Court
Court of Appeals for the Third Circuit
Filed
Dec 11, 1962
Status
Published
Author
Kalodner
On the bench
Kalodner, Staley, Hastie, Biggs, Goodrich, McLaughlin, Ganey, Smith
Cited by
55 cases

Abrogated by Spencer v. Texas, 385 U.S. 554 (1966)

concluding that defen- dant’s trial was rendered fundamentally unfair by introduction of prior record

How later courts described this case

  • concluding that defen- dant’s trial was rendered fundamentally unfair by introduction of prior record

Written by the judges who cited it.

Later courts went against this

  • Abrogated by Spencer v. Texas, 385 U.S. 554 (1966)

    to constitutional attack”); Collins v. Scully, 755 F.2d 16, 18 (2d Cir.1985) (“In order to prevail on a claim that an evidentiary error deprived the defendant of due process under the Fourteenth Amendment he must show that the error was so pervasive as to have denied him a fundamentally fair trial.”) (citing United States v. Agurs, 427 U.S. 97, 108, 96 S.Ct. 2392, 49 L.Ed.2d 342 (1976)); United States v. Banmiller, 3…
    Supreme Court of the United StatesNov 21, 19663 citing opinionsRead it

Distinguished

  • Distinguished by Holliday v. Adams, 325 F. Supp. 444 (1970)

    Scoleri v. Banmiller, supra, is distinguishable and the distinction was explained to the jury in the trial judge’s instructions.
    District Court, D. ConnecticutSep 23, 1970Read it
  • Distinguished by United States ex rel. Lowry v. Myers, 364 F.2d 297 (1966)

    The Commonwealth urges that Scoleri is inapplicable because the prior convictions admitted in evidence there were more serious in nature and greater in number.
    Court of Appeals for the Third CircuitJul 29, 1966Read it

The opinion

KALODNER, Circuit Judge

(concurring).

I have joined in the denial of the petition for rehearing since all the points raised in it with the exception of that which relates to the “failure to count the vote” of our deceased brother, Goodrich, have already been considered by the Court en banc.

I must add that I deem the point raised with respect “to the failure to count the vote of Judge Goodrich” to be without merit.

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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