Legal Opinion · Dissent

Joseph J. Tracey v. Joan Palmateer

Court of Appeals for the Ninth Circuit

Decided August 29, 2003No. 01-35940Published

1DissentLay, Circuit Judge

Justice Black observed in In re Michael, 826 U.S. 224, 228, 66 S.Ct. 78, 90 L.Ed. 30 (1945): “[I]t is difficult to conceive of a more effective obstruction to the judicial process than a juror who has prejudged the case.” In all due respect, the majority’s refusal to require the trial judge to hold a hearing as to the expressed color-able bias of two jurors before hearing any evidence in the case is a clear travesty of justice. Such a holding is directly contrary to United States Supreme Court precedent.

In this first degree murder trial, before evidence was presented and after the jury was…

2Cases cited42 opinions

  1. Williams v. TaylorSupreme Court of the United States · 2000
  2. Irvin v. DowdSupreme Court of the United States · 1961
  3. Smith v. PhillipsSupreme Court of the United States · 1982
  4. Sheppard v. MaxwellSupreme Court of the United States · 1966
  5. Tumey v. OhioSupreme Court of the United States · 1927

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