Opinion

United States of America Ex Rel. Anthony Bruno v. Ross E. Herold, M.D., Director of Dannemora State Hospital, Dannemora, New York

  • 368 F.2d 187
  • 1966 U.S. App. LEXIS 4581
Court
Court of Appeals for the Second Circuit
Filed
Oct 26, 1966
Status
Published
Author
Moore
On the bench
Waterman, Moore, Anderson
Cited by
12 cases
Authority
More cited than 24.8%

The opinion

*189 MOORE, Circuit Judge

(concurring):

I concur in the per curiam opinion because I would not ever oppose a full exploration of the determinative facts. However, in my opinion, the broadest discretion should be given to the trial judge who is in a position to sense and appraise the courtroom situation before him and to take such action as may be necessary to secure a fair trial. Federal courts should be reluctant to substitute their judgments, based only on a printed record and long after the event, as to the action which should or should not have been taken by the state trial judge with respect to the necessity for clearing the courtroom. Furthermore, the defendant Bruno (relator here) was represented by counsel skilled and experienced in the defense of criminal cases who was aware of the circumstances which prompted the court’s action and who felt that an objection under such circumstances would not have been warranted. See this court’s decision in United States v. Brown, 2 Cir., 247 F.2d 332, 339 (1957). See also United States v. Sorrentino, 175 F.2d 721, 723 (3 Cir., 1949), cert. denied 338 U.S. 868 , 70 S.Ct. 143 , 94 L.Ed. 532 (1949).

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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