· 12/8/1970
United States of America Ex Rel. Craig S. Owen v. Hon. Daniel J. McMann Warden of Auburn State Prison, Auburn, New York
Citations
- 435 F.2d 813
- 1970 U.S. App. LEXIS 6054
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the verdict against the defendant lacked due process because some jurors had informed others that the defendant had a bad character and described specific instances of his misbehavior which were unrelated to the crimes charged and which had not been received in evidence
- “To the greatest extent possible all [evidence, including expert opinion] must pass through the judicial [process], where the fundamental guarantees of procedural law protect the rights of those accused of crimes.”
- extra-record information inter alia that the defendant had been in trouble all his life.
- \To resort to the metaphor that the moment a juror passes a fraction of an inch beyond the record evidence he becomes `an unsworn witness' is to ignore centuries of history and assume an answer rather than to provide the basis for one.\
Source: CourtListener parenthetical corpus (CC0).
Judges: Waterman, Friendly, Feinberg
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.