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

> Court of Appeals for the Third Circuit · December 11, 1962 · 310 F.2d 720

URL: https://www.frixlaw.com/law-library/cases/9448938

## Case

- **Full name:** UNITED STATES of America Ex Rel. Anthony SCOLERI, Appellant, v. William J. BANMILLER, Warden, Eastern State Penitentiary
- **Court:** Court of Appeals for the Third Circuit
- **Decided:** December 11, 1962
- **Citations:** 310 F.2d 720
- **Precedential status:** Published
- **Opinion:** Concurrence by Kalodner
- **Judges:** Kalodner, Staley, Hastie, Biggs, Goodrich, McLaughlin, Ganey, Smith
- **Cited by:** 55 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Abrogated by Spencer v. Texas, 385 U.S. 554 (1966).
- Negative treatments: 1
- Distinguished by: 2
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9448938

## How later opinions describe it (automated extraction)

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

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9448938. Public record. Not legal advice.