BENNETT

v.

PENNSYLVANIA

Citator

Cited By

• Johnson v. Louisiana, 406 U.S. 356 (U.S. 1972)
  …l preference for jury decisionmaking is still reflected in the criminal procedures of two States. Ind. Const., Art. I, §19; Md. Const., Art. XV, §5. See Brady v. Maryland, 373 U. S. 83 (1963); Wyley v. Warden, 372 F. 2d 742, 746 (CA4), cert. denied, 389 U. S. 863 (1967); Beavers v. State, 236 Ind. 549, 141 N. E. 2d 118 (1957). The available empirical research indicates that the jury-trial protection is not substantially affected by less-than-unanimous verdict requirements. H. Kalven and H. Zeisel, in their…
• United States v. Dougherty, 473 F.2d 1113 (D.C. Cir. 1972)
  …sents a departure from “logical symmetry,” it is a safeguard against tyranny in the law, and one of the law’s “great landmarks” for all who view “liberty and law as almost synonymous.” . Wyley v. Warden, 372 F. 2d 742 (4th Cir. 1967), cert. denied, 389 U.S. 863, 88 S.Ct. 121, 19 L.Ed.2d 131 (1967). In holding the provision of the Maryland Constitution consistent with the Federal Constitution, Judge Sobeloff noted that “a practice may be deemed unwise, yet not be unconstitutional.” He referred to the “poten…
• United States ex rel. Edward Bennett No. H-6720 v. Alfred T. Rundle, Warden of E. Corr. Inst., Graterford, Pa, 419 F.2d 599 (3d Cir. 1969)
  …de the contentions which he has presented to the District Court. The Supreme Court of Pennsylvania affirmed his conviction in a per curiam opinion, Eagen and Roberts, JJ., dissenting. Commonwealth v. Bennett, 424 Pa. 650, 227 A. 2d 823, cert. denied 389 U.S. 863, 88 S. Ct. 122, 19 L.Ed.2d 132 (1967). Since the claims now presented to us were made on direct appeal there has been an exhaustion of state remedies under 28 U.S.C. § 2254, even if relator theoretically has the right to seek collateral relief in th…