WEBER
v.
UNITED STATES
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Weber sought reversal of his conviction on the ground that pretrial newspaper publications reflecting adversely on him violated his right to a fair and impartial trial, but the Court of Appeals rejected this claim despite acknowledging that such newspaper comments during criminal proceedings were inexcusable. The Supreme Court denied certiorari, with Justice Frankfurter noting in a memorandum that while the prejudicial publications were improper, the appellate court's rejection of the fair trial claim did not warrant Supreme Court review.
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C. A. 2d Cir. Certiorari denied. Memorandum filed by Mr. Justice Frankfurter. Mr. Justice Frankfurter. This is another instance where I deem it appropriate to indicate what was before us in a petition for certiorari. See Maryland v. Baltimore Radio Show, 338 U. S. 912. One of the questions presented by this petition is the sufficiency of the claim that the verdict was vitiated because publications reflecting adversely on the defendant, before any testimony was taken in the case, precluded a fair and impartial trial. Under the circumstances the Court of Appeals, composed of Swan, Chief Judge, Augustus N. Hand and Frank, Circuit Judges, rejected the claim while acknowledging that
“such comments by newspapers [as revealed by the exhibits herein] during the pendency of a criminal trial are inexcusable.2 ” United States v. Weber, 197 F. 2d 237, 239.
“In England it is probable that the publishers would be severely penalized. See cases cited in Maryland v. Baltimore Radio Show, 338 U. S. 912, 921-936, 70 S. Ct. 252, 94 L. Ed. 562."
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Nat'l Labor Relations Bd. v. Armcor Indus., Inc., 535 F.2d 239 (3d Cir. 1976)…Co., 358 F. 2d 319, 321 (9th Cir.), cert. denied, 385 U.S. 838, 87 S.Ct. 86, 17 L.Ed.2d 72 (1966); Wonder State Manufacturing Company v. N.L.R.B., 331 F. 2d 737, 738 (6th Cir. 1964); N.L.R.B. v. Williams, 195 F. 2d 669, 672 (4th Cir.), cert. denied, 344 U.S. 834, 73 S.Ct. 42, 97 L.Ed. 649 (1952). . This court has affirmed bargaining orders without explicitly requiring the Board to support its decision with a statement of findings and conclusions. See N.L.R.B. v. Juniata Packing Company, 464 F. 2d 153 (3d C…
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United States v. Flynn, 216 F.2d 354 (2d Cir. 1954)…ation of this pamphlet was called to the attention of the trial Judge he inquired whether any of the members of the jury had read it and all replied that they had not.14 See United States v. Weber, 2 Cir., 1952, 197 F. 2d 237, 239, certiorari denied 344 U.S. 834, 73 S.Ct. 42, 97 L.Ed. 649. We conclude that there is noth [*375] ing in any of these episodes which added to or altered the character of the problem with which the Court had already dealt in denying the motions for a continuance. We find nothing i…
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Isadore Blumenfield v. United States, 284 F.2d 46 (8th Cir. 1960)…v. U. S., 358 U.S'. 830, 79 S.Ct. 51, 3 L.Ed.2d 69. There is a presumption that the grand jury acted on sufficient evidence. United States v. Texeira, 2 Cir., 162 F. 2d 169, 170; United States v. Weber, 2 Cir., 197 F. 2d 237, 238, certiorari denied 344 U.S. 834, 73 S.Ct. 42, 97 L.Ed. 649. Inasmuch as there were no affidavits supporting the motion, nor any factual allegations indicating insufficiency of evidence or any other irregularity upon the part of the grand jury in delivering a true bill, the trial c…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Maryland v. Baltimore Radio Show, Inc., 338 U.S. 912 (U.S. 1950)
- United States v. Weber, 197 F.2d 237 (2d Cir. 1952)