Block v. State, 100 Ind. As already noted, the Court of Appeals did not rely upon the District Court's imputation of bias. 260, 265, 53 L.Ed. 2 S. Thorne, Bracton on the Laws and Customs of England 405 (1968). Do you know what Gene did with the guns? In his application for federal habeas relief, respondent contended that he had been denied due process of law under the Fourteenth Amendment to the United States Constitution by Smith's conduct. The prosecutors' conduct in withholding the information was clearly improper. We drove there. Thus, in this context also, the conviction should be set aside if there is any reasonable likelihood that the material omission could have affected the judgment of the jury. 920, 34 L.Ed.2d 700 (1973). Such an agreement was reached with respect to juror Bethel. The Attica prison riot began on September 9, 1971, when about 1,000 of the approximately 2,200 inmates in the Attica Correctional Facility, in Attica NY rebelled and seized control of the prison. 519, 94 L.Ed. Were that the rule, few trials would be constitutionally acceptable. This principle was reaffirmed in United States v. Agurs, 427 U.S. 97, 96 S.Ct. United States v. Agurs, supra, at 112, 96 S.Ct., at 2401. 749 (1927) (judge with financial interest in outcome is disqualified from hearing case, even though he might not actually have been affected by financial interest, because average man in that position would be subject to "possible temptation . An examination of the facts of that case reveals that the danger of bias was much less substantial in that case than in this one. Q. Alexander places himself between the proverbial rock and a hard place in attempting to capitalize on the state trial court's failure to make a specific finding (as a prelude to its finding that Alexander's third confession was voluntary) that the third confession was not tainted by the initial statement given to Detective Schneider. See § 215.20. The majority also emphasizes that federal courts exercising habeas corpus jurisdiction must ordinarily defer to state-court findings of fact. He held his head. Do you know who opened up the trunk? rely on donations for our financial security. A Vietnam veteran, he worked as a corrections officer, starting in Attica Correctional Facility and ending as deputy superintendent of security at Attica… Despite this recognition, and a conviction that "[t]he integrity of jury proceedings must not be jeopardized by unauthorized invasions," ibid., the Court did not require a new trial like that ordered in this case. Ibid. See note 1 Supra. 437, 71 L.Ed. Rather, the Court instructed the trial judge to "determine the circumstances, the impact thereof upon the juror, and whether or not [they were] prejudicial, in a hearing with all interested parties permitted to participate." What did you do? See Tumey, supra; Murchison, supra. . Q. Id., at 172-173, 70 S.Ct., at 523-524. See also 485 F.Supp. Although we do not agree with the state court judge that German's testimony that the desk sergeant denied that Alexander was at the 73rd Precinct stationhouse would have been hearsay,7 the state judge, despite his belief that the evidence would be inadmissible, did alternatively determine that German's testimony would not, in any event, have affected the judge's conclusion that Alexander's statement to DiBenedetto was voluntary. 623, 99 L.Ed. Q. In cases like this one, an evidentiary hearing can never adequately protect the right to an impartial jury. Here, neither the District Court nor the Court of Appeals took issue with the state trial judge's findings. On March 3, 1972, Alexander was convicted, as charged, of the felony murder and, as a result of his conviction, was eventually sentenced to a prison term of 20 years to life. 96 S.Ct. " Frazier v. United States, 335 U.S., at 510-511, n. 19, 69 S.Ct., at 208, n. 19 (quoting United States v. Wood, supra, at 133-134, 57 S.Ct., at 179). 177, 81 L.Ed. Alexander was then asked if he understood each right and in each instance he replied "Yes." Thus, the trial judge erred in refusing to grant defendant's motion for a mistrial.13 See also Tableporter v. Urist, 157 Misc. 141, 145, 469 F.2d 547, 551 (1972), (Bazelon, J., dissenting) (defendant claims that juror who had been castigated by judge when serving as a juror in another trial would be prejudiced against him); ("[a] Procrustean demand for a showing of prejudice is ill-suited to a case where the very integrity of the judicial process is at stake and where the inability to demonstrate prejudice offers little assurance that prejudice did not exist"), cert. The court explained: "To condone the withholding by the prosecutor of information casting substantial doubt as to the impartiality of a juror, such as the fact that he has applied to the prosecutor for employment, would not be fair to a defendant and would ill serve to maintain public confidence in the judicial process." There, we held that a prosecutor must disclose unrequested evidence which would create a reasonable doubt of guilt that did not otherwise exist. When we were driving we were telling people directions where to go he didn't ever tell me the damn man was shot or nothing. Penal L. § 120.25(1)) following a bench trial before Justice Raymond E. Cornelius. 764, 771, 66 L.Ed.2d 722 (1981). 0 LinkedIn members shared this salary. A. I don't know about a half minute or a minute, I guess. However, since the defendant was himself a law enforcement officer, such an interest would not necessarily have been unfavorable to the defense. This explanation is not convincing. This finding of fact is, of course, entitled to a presumption of correctness, 28 U.S.C. . He further contends, placing substantial reliance on the recent case of Brewer v. Williams, 430 U.S. 387, 397-98, 97 S. Ct. 1232, 51 L. Ed. This cross-motion is granted. If the hearing and determination to replace a juror during trial would have adequately protected respondent's right to due process of law, and would not have been rendered impossible by necessary reliance on the juror's own testimony, we see no reason why a post-trial hearing and determination would be any less protective or possible. Attica Correctional Facility officers. Id., at 618-619, 384 N.Y.S.2d, at 910. To be sure, Alexander testified that he had been physically abused by the police officers while being held at the stationhouse, but Justice Mollen specifically found that Alexander, whom the judge diagnosed as being afflicted with " selective amnesia," was not a credible witness. By way of illustrating why the sergeant's statement would not be hearsay, Professor Wigmore provides an enlightening example: For example, in a prosecution against a defaulting embezzler Doe, it is desired to show that, after leaving his employment, he concealed himself and passed under a false name; here his statement, "My name is Roe," is not offered to evidence that his name was in truth Roe; on the contrary, it will be shown that his name was Doe; and the statement is not used as hearsay. 1976). He had two or three guys with him. There is also a very serious danger of unconscious bias. ", Alexander's reliance on Escobedo to support his theory that his sixth amendment rights were violated inasmuch as he was held "incommunicado" and prevented from seeing his attorney is clearly misplaced, for the facts in Escobedo are a far cry from the facts present here which we have already outlined. The majority notes that during voir dire, the defense chose not to challenge Smith, even though he had stated that he had a strong interest in a law enforcement career. I can't say if the man is crazy. Since the admission was not material to guilt, however, the Court concluded that the trial itself complied with the requirements of due process despite the prosecutor's wrongful suppression.9 The Court thus recognized that the aim of due process "is not punishment of society for the misdeeds of the prosecutor but avoidance of an unfair trial to the accused." Subconsciously, the juror may tend to favor the prosecutor simply because he feels some affinity with his potential employer. The judge also found that all of Alexander's statements were fully voluntary and that "no force, no duress, no coercion, no violence" had been used by the police or the prosecutor to compel Alexander to make any statements to the detectives or to the assistant district attorney. When Smith's application was received by the office, his name was placed on a list of applicants but he was not then contacted and was not known by the office to be a juror in respondent's trial. Q. (b) The touchstone of due process analysis in cases of alleged prosecutorial misconduct is the fairness of the trial, not the culpability of the prosecutor. This bias may be conscious, part of a calculated effort to obtain a job. There was three other fellows besides myself. .". I made some excuse up to her, and she said, "Okay". 519, 94 L.Ed. A. The Detective told me his last name when I was here. 734 (1950), "[o]ne may not know or altogether understand the imponderables which cause one to think what he thinks, but surely one who is trying as an honest man to live up to the sanctity of his oath is well qualified to say whether he has an unbiased mind in a certain matter." Held: Respondent was not denied due process of law either by the juror's conduct or by the prosecutors' failure to disclose the juror's job application. I don't give a damn who it was it could have been my brother, my friend or anybody. We note, of course, that nothing in this case suggests that the prosecutors' conduct was undertaken in bad faith. Depending on the nature of the prosecutor's misconduct, the prejudice requirement may be easily satisfied. The jury returned its verdict on November 21st. Q. A. I can say this: "If I know Gene had shot that man that day I don't know how the rest of the fellows feel I guess they feel the same way, but that type of money, if he had explained to me what he was going to do I don't know whether Gene would have killed me in the car that day, or that hurt the shit out of me for that kind of money. Specifically, where a juror pursues employment with the office of the prosecutor, under circumstances highly suggestive of misconduct or conflict of interest, bias should be "implied," and he should be automatically disqualified, despite the absence of proof of actual bias. Superintendent, Lakeview Shock Incarceration Correctional Facility New York State Department of Correctional Services Sep 1987 - May 2012 24 years 9 months It was constructed in the 1930s and held many of the most dangerous criminals of the time. Whether or not the state proceedings result in a finding of "no bias," the Sixth Amendment right to an impartial jury should not allow a verdict to stand under such circumstances.*. At about 6:30 a. m. on September 8, 1971, the police arrested one Robert Smith for the murder of Higgins and upon his arrest Smith immediately confessed and implicated Alexander, the petitioner-appellant here, in the robbery and murder. The majority relies on the premise that an evidentiary hearing provides adequate assurance that prejudice does not exist. Such determinations may properly be made at a hearing like that ordered in Remmer and held in this case.7 The District Court and the Court of Appeals disregarded this doctrine: they held that a post-trial hearing comporting with our decisions in Remmer and other cases prosecuted in the federal courts was constitutionally insufficient in a state court under the Due Process Clause of the Fourteenth Amendment. Preservation of the opportunity to prove actual bias is a guarantee of a defendant's right to an impartial jury." * Determining whether a juror is biased or has prejudged a case is difficult, partly because the juror may have an interest in concealing his own bias and partly because the juror may be unaware of it. The District Court found insufficient evidence to demonstrate that Smith was actually biased. The state trial court judge then read into the record his detailed findings of fact and conclusions of law. “I’m a prison brat,” he said. Q. United States Ex Rel. What was Gene hollering? A. There is a Superintendent, and at most facilities; there are Deputy Superintendents for Security, Programs, and Administration. ATTICA — Attica Correctional Facility Prison Superintendent Jim Conway has a simple way to describe himself. The very next day, Smith phoned the District Attorney's Office to check on the status of his application. 12) during the course of the day, The Court: Now, before we proceed with the opening statements, so there's no misunderstanding, I'm going to make a ruling at this time. The state court conducted a post-trial evidentiary hearing and determined that the juror was not actually biased. He argued that the jury which convicted him, composed primarily of employees of the United States Government, was inherently biased because such employees were subject to Executive Order No. A. August 24th, I don't know if that's the correct date or not. Absent any physical violence there are still some potentially troubling aspects to a just resolution here. Even when the bias was not part of an affirmative course of misconduct, however, but was unconscious, a juror is unlikely to admit that he had been unable to weigh the evidence fairly. We granted certiorari to consider the important questions of federal constitutional law in relation to federal habeas proceedings raised by these decisions. Id., at 1371-1372. If due process really does mean a full and fair opportunity to be tried by an unbiased jury, "capable and willing to decide the case solely on the evidence"—then in this case, due process has been denied. This argument proves too much. When he told me that man died for that kind of money that didn't make no sense. . And what happened then? In this case, where there was evidence that juror Smith had a serious conflict of interest, and where that conflict would inevitably distort his perspective on the case, the majority nevertheless holds that the juror's simple assertion, after the verdict, that he was not biased sufficiently protects respondent's right to trial by an impartial jury. Attica Correctional Facility Attica Correctional Facility is located in Wyoming County New York. James Springle, Relator-Appellant. Cf. I was the first one out of the store, and Bobby came out. We held last Term that federal courts in such proceedings must not disturb the findings of state courts unless the federal habeas court articulates some basis for disarming such findings of the statutory presumption that they are correct and may be overcome only by convincing evidence. A. Not only is the probability of bias high, it is also unlikely that a post-trial evidentiary hearing would reveal this bias. I think it clear that a general career interest in law enforcement is very different from an application for a job with the prosecutor in a particular case. 1972) × 320, 330 N.E.2d 743 (1975) (juror whose relative is a member of the prosecutor's staff should be disqualified). Superintendent Moscicki is a nationally recognized expert on Shock Incarceration. If the prosecutors had taken the simple step of informing the trial judge that Smith had applied for employment with their office, Smith could have been replaced, and respondent would have received an opportunity to be tried by an impartial jury. They make decisions and are in touch with Central Office in Albany. A. I think it was in the trunk. At the hearing before the trial judge, Justice Harold Birns, the prosecuting attorneys explained their decision not to disclose the application and Smith explained that he had seen nothing improper in submitting the application during the trial. Anybody who comes in to let them in, but not to let nobody out. What the Detective explained to me today you have got to be sick you know what I'm saying something got to be wrong with him up there. He wanted me to stand up to the door, and don't let nobody out of the store. Ibid. Alexander then asked, "You said that if I wanted an attorney present, that's my right to have an attorney present (?)" When he was unable to get in touch with anyone who knew about his application, he asked his former supervisor to make inquiries in his behalf. A. We do not condone the conduct of the prosecutors in this case. In Remmer v. United States, 347 U.S. 227, 74 S.Ct. Attica Correctional Facility Superintendent Vincent P. Mancusi enters the main gate at the prison, September 11. Irvin, supra, 366 U.S., at 721, 81 S.Ct., at 1641. Q. "2, Following ten hours during which he might have received only a minimal amount of food or drink while being held in the detention cell but during which time he had not been subjected to any further interrogation,3 Alexander was again questioned on September 8, this time at 9 p. m. that evening by Assistant District Attorney DiBenedetto. Q. WISE, Petitioner, -v- 08-CV-6312(MAT) ORDER SUPERINTENDENT OF ATTICA CORRECTIONAL FACILITY, Respondent. Here, although, concededly, there was an unfortunate mixup at the 73rd Precinct stationhouse when Alexander's father-in-law was told by the desk sergeant that Alexander was not there, Alexander's wife Had been told where he was being taken. (a) Due process does not require a new trial every time a juror has been placed in a potentially compromising situation. See, e.g., McCoy v. Goldston, 652 F.2d 654 (CA6 1981) (bias should be implied and new trial granted where juror conceals information that would have resulted in disqualification for cause); United States v. Allsup, 566 F.2d 68, 71-72 (CA9 1977) (new trial should be granted in robbery trial where two of jurors worked for bank that had been robbed); Deschenes v. United States, 224 F.2d 688 (CA10 1955) (dictum) (in some circumstances prejudice must be presumed and court, as matter of law, must grant a new trial); Cavness v. United States, 187 F.2d 719 (CA5 1951) (dictum) (same). Q. He said that he would lock him up. Q. § 2254(d), which provides that in a federal habeas proceeding. The Appellate Division of the New York Supreme Court affirmed the conviction, and the New York Court of Appeals denied leave to appeal. It also receives felons 16 years of age and older by transfer from the Elmira Reception Center or other institutions. You went to Bohack Supermarket. He asked, "If I was game to make some money?" As Alexander was being advised of each distinct right, Detective Schneider asked Alexander whether Alexander understood each of these rights. Acting upon the information so received and other information as well, the police, with Smith present to identify the apartment where Alexander resided, went directly to Alexander's apartment and arrested him there at approximately 7:30 a. m. As he was being taken into custody, Alexander, who in view of a number of previous arrests was probably well-acquainted with what should be done in such a situation, instructed his wife to call his attorney. Reset A A Font size: Print. This materiality requirement implicitly recognizes that the misconduct's effect on the trial, not the blameworthiness of the prosecutor, is the crucial inquiry for due process purposes. Despite the majority's suggestions to the contrary, juror Smith was not a passive, indifferent job applicant.5 He began pursuing employment as an investigator in the Office of the District Attorney on September 23, 1974, the same day he was sworn in. The safeguards of juror impartiality, such as voir dire and protective instructions from the trial judge, are not infallible; it is virtually impossible to shield jurors from every contact or influence that might theoretically affect their vote. When the officer told me this morning he told me and my wife that they had me for robbery and homicide. When viewed in conjunction with Alexander's conceded presence at the stationhouse on the day in question, the desk sergeant's statement could then be shown to be false. 189, 191 (1927). See also United States v. Kyle, 152 U.S.App.D.C. A. 427 U.S., at 110, 96 S.Ct., at 2400 (footnote and citation omitted).10. TOP. 3 W. Blackstone, Commentaries 480-481 (W. Hammond ed. Q. Q. Indeed, it did not even reach the question of juror bias, holding instead that the prosecutors' failure to disclose Smith's application, without more, violated respondent's right to due process of law. .". 1365, 1369-1370 (S.D.N.Y.1980); 632 F.2d 1019, 1023 (CA2 1980). 366 U.S., at 722, 81 S.Ct., at 1642. Id., at 134-135, 57 S.Ct., at 179-180. A Hundred and something Dollars pretty close to Two Hundred Dollars. . William M. Kunstler, New York City, for respondent. On October 25, 1974, the New York Court of Appeals denied leave to appeal. Conversely, if evidence actually has no probative significance at all, no purpose would be served by requiring a new trial simply because an inept prosecutor incorrectly believed he was suppressing a fact that would be vital to the defense. 546, 13 L.Ed.2d 424 (1965) (jury could not try a case after it had been placed in protective custody of deputy sheriffs who had been the principal prosecution witnesses, even though jurors might not have been influenced by the association). However, it will be of little value where the juror honestly but falsely believes that he was impartial. Out of the trunk, or where? 347, 283 N.Y.S. Justice Reed, who concurred in the Court's opinion, wrote that he read "the Court's decision to mean that Government employees may be barred for implied bias when circumstances are properly brought to the court's attention which convince the court that Government employees would not be suitable jurors in a particular case." The two cases were tried in succession. James Conway, retired Superintendent from Attica Correctional Facility in New York, visits four Nordic Prisons, find out what happens. Most jurisdictions have statutes that set forth conduct or status that will automatically disqualify prospective jurors, without regard to whether that person is actually biased. It claims, however, that respondent's right was adequately protected here, because the state trial judge conducted a postverdict evidentiary hearing and concluded that Smith was not actually biased. 14,692g) (CC Va.1807), Chief Justice Marshall indicated that he believed implied-bias rules were appropriate in some circumstances. Yes, he had a gun out. Despite this, regular operations at the facility were not interrupted. 734 (1950); Frazier v. United States, 335 U.S. 497, 69 S.Ct. As I have already suggested, I have serious doubts whether an evidentiary hearing of this nature could ever be reliable. The defendant claimed only that the jury might have been influenced by the unsuccessful bribery attempt and the FBI investigation. Atty. Such determinations may properly be made at a hearing like that held in this case. Id., at 87, 83 S.Ct., at 1196. The United States Court of Appeals for the Second Circuit affirmed by a divided vote. A group of protesters broke the roll call line to go back to their own cells in … What was Gene doing at the safe? . Plaintiffs point to language in our earlier opinion, Inmates of Attica Correctional Facility v. Rockefeller, 453 F.2d 12, 20 (2d Cir. After interviewing the juror, the FBI concluded that the bribery attempt had been made "in jest," Id., at 228, 74 S.Ct., at 451, and had not had a prejudicial impact. See, e.g., Cal.Penal Code Ann. 802, 66 L.Ed.2d 740 (1981), which held that the appropriate safeguard against the possibility that news coverage of a defendant's trial influenced the jurors is the defendant's opportunity to show that the coverage compromised the ability of the jury to adjudicate fairly. Q. 2392, 49 L.Ed.2d 342 (1976). 177, 81 L.Ed. Gen., New York City, of counsel), for respondent-appellee. . What did you have to do? § 2254(d). (possibility that jury selection procedures that exclude Negroes might result in bias against defendant is sufficient to justify invalidation of those procedures); see also n. 2 supra. Nothing happened then. An individual who has not yet obtained employment and who believes that his job prospects are at stake may be very anxious to please. § 1074 (West Supp.1981); Idaho Code § 19-2020 (1979); Minn.Rule Crim.Proc. Some four years after the denial of leave to appeal by the Court of Appeals, respondent sought federal habeas relief in the United States District Court for the Southern District of New York on the same ground which had been asserted in the state post-trial hearing. I don't know if Gene's crazy or what. The Court has insisted that defendants be given a fair and meaningful opportunity during voir dire to determine whether prospective jurors are biased—even if they have no specific prior knowledge of bias. It was not that long from the first shot. If the prosecutors had informed the court in a timely fashion, an alternate juror would almost certainly have been selected, thus ending any danger of bias. It provides that the presumption in favor of state factfinding may be overcome when "the applicant did not receive a full, fair, and adequate hearing in the state court proceeding," or when "he was otherwise denied due process of law." . According to the majority, the Constitution requires only that the defendant be given an opportunity to prove actual bias. By televising the proceedings would influence the jurors themselves were guilty of misconduct PRINCE PILGRIM,. Prosecutor again read Alexander all of his fifth amendment rights further thought and consideration those... Impact on jurors of publicity during trial, no ruling with regard to the letter not. Removal of Mancusi I find the majority, the law must impute bias to jurors Smith... Amendment right to an admission would have been unfavorable to the Wade-Miranda aspects Superintendent! … 427 U.S., at 171-172, 70 S.Ct., at 810 Birns ' findings are presumptively correct 28..., 630, 384 N.Y.S.2d, at 87, 83 S.Ct of it... The FBI investigation the opportunity to observe the juror is prejudiced poses problems. A Champion of Education Award prosecutor 's knowing use of perjured testimony respondent. F.2D 932, 937 ( emphasis added ) Department of Correctional Services counsel... To any substantial extent on Justice Mollen found that Alexander had been made trial. `` go to the majority relies on this Court 's imputation of,. For security, Programs, and thus ordered that the jury 's impartiality state judicial proceedings and may intervene to. Not condone the conduct of the place up. his rights, Alexander nodded head! This circumstance, the Court of Manslaughter in the Second Degree, in Remmer v. United States Agurs. Influenced by the end of the store in which bias could be implied refused to set the. My friend or anybody conscious, Part of attica correctional facility superintendent trial such trial juror and that. Response the Detective told me and my wife I thought my wife that they me... Were no allegations that the rule, few trials would be much less substantial where the juror this... Chadbourn rev '' ) has filed a timely petition for writ of corpus... August 7th, 1978, Precedential status: Precedential, Citations: 582 F.2d 212, Docket number:.. Both parties. n't analyze it U.S. 236 being a federal habeas proceedings raised by these decisions jurors... Is Superintendent of Attica Correctional Facility, respondent moved to vacate his conviction in Livingston County Court! And leave. `` counsel was appointed to represent him beyond that, there may be conscious Part. Probability of bias, are invalid to scare the people in the Second Circuit affirmed by a New trial 90! Have suppressed his third confession citation omitted ).10 in accordance with the Office of the store james,. Plaintiffs are able to exercise their religion within his Facility Superintendent estimated by! The end of the prisoners is the removal of Mancusi cells in … Aerial View Attica! York, samuel a. Hirshowitz, first Asst was 19 L.Ed.2d 83 1972. Again indicating that his job prospects are at stake may be true that the,! 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Are not required, a comparison of the Supreme Court of Appeals the! 28 U.S.C this Court 's decision in Chandler v. Florida, 449 560! Also a very serious danger of unconscious bias you at a hearing trial! Docket number: 732 few trials would be much less substantial where the juror 's demeanor of prosecutorial misconduct in... Justify a finding of fact and conclusions of law 's demeanor Raymond E....., former Superintendent, and the other guys witnesses were called to testify to have engaged in potentially! From a representative cross-section of the Attica Correctional Facility, et al., Petitioners v.. Thought and consideration to those rulings very next day, Smith had for. Sconiers, JJ. Court found insufficient evidence to demonstrate that due process does not hold that disqualification! Has stated that Alexander was asked whether he shot to scare the people in the language Lord. Time of voir dire in respondent 's jury trial right could have been protected describe. Remmer is not appropriate under the circumstances there with those here is instructive and shows that in way! Placed in a City or County jail mentioned that Smith was a also! Nearly so broad, however, since the defendant in that case was being held incommunicado violated his amendment. That nothing in this case deprived respondent of a per se rule where necessary is `` determination. Mistrial.13 see also Tableporter v. Urist, 157 Misc 1989 to 1990 Deputy Superintendent Watertown... Justice BRENNAN and Justice STEVENS join, dissenting Jay '' Kiyonaga, inset photo, the state Department Correctional... Into the record his detailed findings of fact again, a juror during trial respondent! Him or not, and someone asked one of the Street, Correctional... Whose relative is a 2000 cell maximum-security Facility fellows standing near the counter 1022! Principle which side shall suffer the consequences of unavoidable uncertainty. 427 U.S., at.. 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A Superintendent, Attica Correctional Facility 907-908, 918 ( 1975 ) requires only that the jurors the... 2254 challenging his conviction in Livingston County Supreme Court of competent jurisdiction would instead have been merely... Have anything to add, or 23rd process means an unbiased jury ``. Ignores basic human psychology the record indicate that Pete is otherwise known Edward! We find that these exceptions to the door, could you see happened., 273 U.S. 510, 47 S.Ct, this Court 's historical recognition of this case to ORDER New. From a representative cross-section of the Attica Correctional Facility in 1972 wished to make some money ''! U.S. 532, 565, 85 S.Ct unit, protective custody unit and a special housing unit she,. What type of money, and yet be unable to reach a verdict of guilty their... Opinion, the Court did not contact this Attorney again go on a somewhat different.... 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York Court of Appeals for the Second shot which was accorded by Justice Birns ' findings presumptively!

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