Legal Opinion
Smith v. Zimmerman
Court of Appeals for the Third Circuit
Decided July 16, 1985No. 84-1663PublishedCited by 10 opinions
1Opinion of the Court
OPINION OF THE COURT
ROSENN, Circuit Judge.
This case comes to us in an unusual posture. The federal constitution guaran*70tees a defendant in a criminal case an unconditional right to a trial by jury. It makes no mention of any correlative right of a defendant to have his case decided by a judge when he tactically deems it advantageous. The petitioner in this appeal seeks a writ of habeas corpus because he claims that a Pennsylvania state trial court erroneously denied his motion for a non-jury trial and that the state appellate courts have denied him procedural due process in his effort to seek…
2Cases cited22 opinions
- Donnelly v. DeChristoforoSupreme Court of the United States · 1974
- Engle v. IsaacSupreme Court of the United States · 1982
- Smith v. PhillipsSupreme Court of the United States · 1982
- Sumner v. MataSupreme Court of the United States · 1981
- Patton v. YountSupreme Court of the United States · 1984
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3Cited by10 opinions
- Zettlemoyer v. FulcomerCourt of Appeals for the Third Circuit · 1991
- Siers, Charles E. v. Ryan, Joseph M. And the Attorney General of the State of PennsylvaniaCourt of Appeals for the Third Circuit · 1985
- Joseph Francolino v. Robert Kuhlman, Superintendent, Sullivan Correctional Facility, and Eliot L. Spitzer, Attorney General, New YorkCourt of Appeals for the Second Circuit · 2004
- United States v. TorresCourt of Appeals for the Third Circuit · 2004
- Sklar v. RyanDistrict Court, E.D. Pennsylvania · 1990
5 more not listed; retrieve them via the Exa API.