Legal Opinion

United States Ex Rel. Brown v. Smith

District Court, D. Vermont

Decided January 12, 1962No. Civ. 3275PublishedCited by 24 opinions

1Opinion of the Court

TIMBERS, District Judge. *

I

BELIEF SOUGHT AND GRANTED

Petitioner Frank Brown, 1 a prisoner in the Vermont State Prison at Windsor, filed a petition seeking a writ of habeas corpus, pursuant to 28 U.S.C. § 2241, 2 claiming that his conviction in the Wind-ham (Vt.) County Court of arson causing death (a capital offense equivalent to first degree murder under Vermont law 3 ) and his sentence of life imprisonment, violate his federal constitutional rights.

The Court holds that the failure to accord petitioner a fair trial by a panel of indifferent jurors plus the denial of state appellate review,…

2Cases cited111 opinions

  1. Johnson v. ZerbstSupreme Court of the United States · 1938
  2. Griffin v. IllinoisSupreme Court of the United States · 1956
  3. Irvin v. DowdSupreme Court of the United States · 1961
  4. Brown v. AllenSupreme Court of the United States · 1953
  5. Tumey v. OhioSupreme Court of the United States · 1927

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3Cited by24 opinions

  1. Ronald E. Galella v. Jacqueline Onassis, John Walsh, and United States of America, Intervenor-AppelleeCourt of Appeals for the Second Circuit · 1973
  2. Dixon v. United StatesDistrict of Columbia Court of Appeals · 1972
  3. United States of America Ex Rel. Frank Brown v. Robert G. Smith, Warden, Vermont State PrisonCourt of Appeals for the Second Circuit · 1962
  4. Broome v. SimonDistrict Court, W.D. Louisiana · 1966
  5. Hunt v. Warden, Maryland PenitentiaryCourt of Appeals for the Fourth Circuit · 1964

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