William Daye v. Attorney General of the State of New York and Eugene S. Lefevre,superintendent, Clinton Correctional Facility

I dissent. William Daye claims that he was denied a fair trial by reason of the trial judge’s constant interruption of and participation in his trial for murder. The record indicates that he raised this claim in his state court appeals. Moreover, it is crystal clear that the claim made in the state courts asserted a violation of Daye’s constitutional rights by reason of the state’s failure to give Daye a fair trial. We should pass on the merits of that claim as did Judge Pollack in the district court. As a review of, the record shows that Daye’s claim is well founded, I would grant the…