Legal Opinion · Dissent

Edward Morgan MacKenna v. O. B. Ellis, Director, Texas Department of Corrections

Court of Appeals for the Fifth Circuit

Decided June 22, 1960No. 18110Published

1DissentCameron, Circuit Judge

In seeking to formulate a dissent to the exhaustive opinion filed by the majori'cy, I think it appropriate to quote from a Supreme Court opinion an epitome of the spirit in which a federal judge should approach the consideration of a case which may result in setting aside a State court decision in a criminal case:

“ * * * in reviewing a State criminal conviction under a claim of right guaranteed by the Due Process Clause of the Fourteenth Amendment, from which is derived the most far-reaching and most frequent federal basis of challenging State criminal justice, ‘we must be deeply mindful of…

2Cases cited14 opinions

  1. Rochin v. CaliforniaSupreme Court of the United States · 1952
  2. Darr v. BurfordSupreme Court of the United States · 1950
  3. Malinski v. New YorkSupreme Court of the United States · 1945
  4. Avery v. AlabamaSupreme Court of the United States · 1940
  5. Moore v. MichiganSupreme Court of the United States · 1957

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