# 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/9451291

## 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 McLAUGHLIN
- **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/9451291

## Opinion text

McLAUGHLIN, Circuit Judge
(concurring).
Appellant was denied due process in that he was denied the right to confront and cross-examine his accusers. Solely because of this violation of his constitutional rights his commitment is invalid. I therefore agree that the order of the district court be vacated and that a reasonable time be allowed the Commonwealth of Pennsylvania to take further appellate steps in this cause or to proceed with a new trial of appellant on the merits. I specifically disagree with the proposition that there is any question in this case whether appellant was entitled to a jury trial. As Judge Staley has shown, he had no such right.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9451291. Public record. Not legal advice.