KELEHER

v.

KELEHER

Citator

Cited By

• Reddick v. State, 190 So. 2d 340 (Fla. 2d DCA 1966)
  …deprived defendant of a fair trial”; Simmons v. United States, C.A.N.J.1962, 302 F. 2d 71, where it was such as to have deprived defendant of a “fair trial”; United States v. Bowen, D.C.Ga.1951, 94 F.Supp. [*353] 1006, aff. 192 F. 2d 515; cert. den. 343 U.S. 943, 72 S.Ct. 1036, 96 L.Ed. 1348, reh. den. 343 U.S. 988, 72 S.Ct. 1079, 96 L.Ed. 1375, where “there has been a deprivation of constitutional rights so fundamental as to amount to a denial of a fair trial”; Dean v. United States, C.A. Mo.1959, 265 F. 2…
• Larson v. United States, 275 F.2d 673 (5th Cir. 1960)
  …” In Sunal v. Large, the Supreme Court pointed out that the error did “not trench on any constitutional rights of defendants nor involve the jurisdiction of the trial court”. In Bowen v. United States, 5 Cir., 1951, 192 F. 2d 515, certiorari denied 343 U.S. 943, 72 S.Ct. 1036, 96 L.Ed. 1348, however, this Court applied the principle to a collateral attack based on lack of due process: “After all, while it is of the essence of the constitutional principles which mark and distinguish our system: that trials…
• Cherry v. Dir., State Bd. OF Corr., 635 F.2d 414 (5th Cir. 1981)
  …warrant . . . the granting of the requested relief.” Clayton v. Blackburn, 578 F. 2d 117, 120 (5th Cir. 1978). See also Norvell v. Illinois, 373 U.S. at 424, 83 S.Ct. at 1368; Bowen v. United States, 192 F. 2d 515, 517 (5th Cir. 1951), cert. denied, 343 U.S. 943, 72 S.Ct. 1036, 96 L.Ed. 1348 (1952). We do not have here a situation like Jorn, “with action by a trial judge that can fairly be described as erratic.” Illinois v. Somerville, 410 U.S. at 469, 93 S.Ct. at 1072. On the contrary, the judge in Cherry…