Legal Opinion · Dissent

In Re: Tsarnaev v.

Court of Appeals for the First Circuit

Decided February 27, 2015No. 15-1170Published

1DissentTorruella, Circuit Judge

“ ‘[Rjegardless of the heinousness of the crime charged, the apparent guilt of the offender[,] or. the station in life which he occupies,’ our system of justice demands trials that are fair in both appearance and fact.” Skilling v. United States, 561 U.S. 358, 130 S.Ct. 2896, 177 L.Ed.2d 619 (2010) (Sotomayor, J., concurring in part and dissenting in part) (quoting Irvin v. Dowd, 366 U.S. 717, 722, 81 S.Ct. 1639, 6 L.Ed.2d 751 (1961)). The actions taken by this court today pave the way for a trial that is fair neither in fact nor in appearance.

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2Cases cited27 opinions

  1. Irvin v. DowdSupreme Court of the United States · 1961
  2. Sheppard v. MaxwellSupreme Court of the United States · 1966
  3. Kerr v. United States Dist. Court for Northern Dist. of Cal.Supreme Court of the United States · 1976
  4. In re Volkswagen of America, Inc.Court of Appeals for the Fifth Circuit · 2008
  5. Murphy v. FloridaSupreme Court of the United States · 1975

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