SMITH V. PHILLIPS
455 U.S. 209 (1982)
NATURE OF THE CASE: This was a habeas action from a conviction for murder.
FACTS: D was indicted and tried for murder. During his trial a juror submitted an employment application with the district attorney's office as an investigator. D was convicted and challenged the conviction on that basis. The trial judge denied relief and D eventually applied for habeas corpus relief. The District Court imputed bias to the juror without a finding of actual bias and ordered D released and a new trial be granted. This was affirmed by the Second Circuit.
ISSUE:
RULE OF LAW:
HOLDING AND
DECISION:
LEGAL ANALYSIS:
Get
free access to the entire content for Mac, PC or Online
for 2-3 days and free samples
of all kinds of products.
https://bsmsphd.com
No comments:
Post a Comment