United States ex rel. Perry v. Cuyler

OPINION OF THE COURT

A. LEON HIGGINBOTHAM, Jr., Circuit Judge.

Arthur Perry has appealed from the district court’s denial of his petition for a writ of habeas corpus. Petitioner contends that he was deprived of his right under the Sixth and Fourteenth Amendments to a fair trial because the judge who presided at his trial had attended the funeral of petitioner’s alleged murder victim. Although we share the dissent’s concern that even the appearance of judicial bias be avoided, we do not believe that there was such an appearance of bias here as would deprive petitioner of his constitutional right…