United States of America Ex Rel. Anthony Scoleri v. William J. Banmiller, Warden, Eastern State Penitentiary

I dissent from the majority’s disposition for two reasons:

“(1) I disagree with its holding that the Pennsylvania procedure under which Scoleri was tried transgressed the bounds laid down for state procedure by the due process clause of the Fourteenth Amendment, and

“(2) I disagree with its holding that Scoleri did not waive the protection which the majority says was accorded him by the federal due process clause.”

It must immediately be noted that in condemning as an abuse of federal process the Pennsylvania procedure pursued in the Scoleri trial the majority is overruling — and not merely…