CHANROBLES VIRTUAL LAW LIBRARY
US LAWS, STATUTES and CODES : Chan Robles Virtual Law Library USA Supreme Court Decisions | Resolutions : Chan Robles Virtual Law Library

ChanRobles™ Virtual Law Library™ | chanrobles.com™   
Main Index Repository of Laws, Statutes and Codes Latest Philippine Supreme Court Decisions Chan Robles Virtual Law Library Latest Legal Updates Philippine Legal Resources Significant Philippine Legal Resources Worldwide Legal Resources Philippine Supreme Court Decisions United States Legal Resources United States Supreme Court Jurisprudence ChanRobles LawTube - Social Network

ChanRobles Internet Bar Review : www.chanroblesbar.com DebtKollect Company, Inc. - Debt Collection Firm Intellectual Property Division - Chan Robles Law Firm

Philippine Supreme Court DecisionsChanRobles On-Line Bar Review

google search for chanrobles.comSearch for www.chanrobles.com


UNITED STATES EX REL. DARCY V. HANDY, 351 U. S. 454 (1956)

Subscribe to Cases that cite 351 U. S. 454 RSS feed for this section

U.S. Supreme Court

United States ex Rel. Darcy v. Handy, 351 U.S. 454 (1956)

United States ex Rel. Darcy v. Handy

No. 323

Argued May 1-2, 1956

Decided June 11, 1956

351 U.S. 454

Syllabus

Petitioner, a state prisoner under a sentence of death for murder committed during the course of an armed robbery, brought a habeas corpus proceeding in a Federal District Court, claiming that his conviction was obtained in violation of his rights to due process of law as guaranteed by the Fourteenth Amendment. He charged .that he was tried under prejudicial circumstances and improper influences in that an atmosphere of hysteria and prejudice prevailed at the state trial, including the prejudicial conduct and frequent presence in the courtroom of another judge of the same court, who recently had presided over a trial of two associates of petitioner which had resulted in a like conviction and sentence for the murder.

Held: on the record in this case, petitioner was not denied due process of law. Pp. 351 U. S. 455-467.

(a) The burden was on petitioner to show such essential unfairness as vitiates his trial, and the burden must be sustained not as a matter of speculation, but as a demonstrable reality. P. 351 U. S. 462.

(b) The most that petitioner has shown is that, in certain respects, opportunity for prejudice existed. P. 351 U. S. 462.

(c) The record does not support the claim that the news coverage of the crime and of the proceedings prior to petitioner's trial created such an atmosphere of hysteria and prejudice as precluded a fair trial. Pp. 351 U. S. 463-464.

(d) There is no merit in petitioner's claim that he was "forced" to trial immediately after the trial of his associates, or in his claim that the trial judge, sua sponte, should have changed the venue or continued the trial. P. 351 U. S. 464.

(e) On the record in this case, the other judge's presence and conduct on the bench and in the courtroom were not so prejudicial as to deny due process. Pp. 351 U. S. 464-467.

(f) Petitioner has not sustained the burden of showing that his trial was essentially unfair in a constitutional sense. P. 351 U. S. 467.

224 F.2d 504 affirmed. chanroblesvirtualawlibrary

Page 351 U. S. 455





Back
ChanRobles™ LawTube

google search for chanrobles.com Search for www.chanrobles.com


Supreme Court Decisions Philippine Supreme Court DecisionsUS Supreme Court Decisions



www.chanrobles.us




QUICK SEARCH

cralaw

Browse By ->> Volume


cralaw

Browse By ->> Year


cralaw

  Copyright © ChanRobles Publishing Company | Disclaimer | E-mail Restrictions
ChanRobles™ Virtual Law Library | chanrobles.com™
 
RED