# United States of America Ex Rel. Carl G. Gerchman v. James F. Maroney, Superintendent State Correctional Institution, Pittsburgh, Pennsylvania

> Court of Appeals for the Third Circuit · January 11, 1966 · 355 F.2d 302

URL: https://www.frixlaw.com/law-library/cases/9451290

## Case

- **Full name:** UNITED STATES of America Ex Rel. Carl G. GERCHMAN, Appellant, v. James F. MAHONEY, Superintendent State Correctional Institution, Pittsburgh, Pennsylvania
- **Court:** Court of Appeals for the Third Circuit
- **Decided:** January 11, 1966
- **Citations:** 355 F.2d 302; 1966 U.S. App. LEXIS 7557
- **Precedential status:** Published
- **Opinion:** Concurrence by Staley
- **Judges:** McLaughlin, Staley, Freedman
- **Cited by:** 75 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/9451290

## Opinion text

STALEY, Circuit Judge
(concurring).
I concur in the result reached by my Brother Freedman that petitioner *316 was denied due process. I agree that he was denied the right to confront and cross-examine his accusers. Pointer v. State of Texas, 380 U.S. 400 , 85 S.Ct. 1065 , 13 L.Ed.2d 923 (1965); Douglas v. State of Alabama, 380 U.S. 415 , 85 S. Ct. 1074 , 13 L.Ed.2d 934 (1965). I further agree “that petitioner’s commitment is invalid, because [these] * * * constitutional rights were violated.” However, I cannot accede to the disposition made of petitioner’s argument that he was denied his right to trial by jury. My Brother Freedman refrains from deciding the issue of whether the Fourteenth Amendment requires a trial by jury in state criminal proceedings. The Supreme Court has explicitly ruled that he has no such right. Fay v. People of State of New York, 332 U.S. 261, 288 , 67 S.Ct. 1613 , 91 L.Ed. 2043 (1947); Snyder v. Com. of Massachusetts, 291 U.S. 97, 105 , 54 S.Ct. 330 , 78 L.Ed. 674 (1934); Jordan v. Com. of Massachusetts, 225 U.S. 167, 176 , 32 S.Ct. 651 , 56 L.Ed. 1038 (1912); Maxwell v. Dow, 176 U.S. 581, 602-603 , 20 S.Ct. 494 , 44 L.Ed. 597 (1900); Application of Tune, 230 F.2d 883, 886 (C.A.3, 1956).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9451290. Public record. Not legal advice.