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Sheppard V. Maxwell, Warden. 3 S4 U.S. 333, S6 S.Ct. 1507, 16 L.Ed.2d 600 (1966)

445 words - 2 pages

Sheppard v. Maxwell, Warden3S4 U.S. 333, S6 S.Ct. 1507, 16 L.Ed.2d 600 (1966)Facts: July 4, 1954, Marilyn Sheppard was murdered in an upstairs bedroom in her home. Sam Sheppard, her husband, a prominent man in Bay Village, Ohio, was sleeping downstairs when the incident occurred, and was woken when he heard a noise. He went upstairs to investigate, and was knocked unconscious. He heard another noise and went back downstairs to check on it. He saw something, and chased it, fought with it, and was again knocked unconscious. When he regained consciousness for the second time, he called his friends and ...view middle of the document...

Sheppard was arrested and the trial began two weeks before the November general election, where both the trial judge and the chief prosecutor were up for re-election. The jurors were not sequestered, but permitted to go home. The courtroom was so crowded with reporters, there was a lot of confusion and it was hard for the witnesses and counsel to be heard. Sheppard was found guilty and his appeals to the state courts of appeal, as well as the Supreme Court, were denied. In 1965, Sheppard hired F. Lee Bailey, who decided to institute a writ of habeas corpus.Question: Was Sheppard denied due process of law by the editorials published by the Cleveland newspapers and the unsequestered jury of the Cleveland courts?Held: Yes, Sheppard was denied due process of law by the editorials published by the Cleveland newspapers and the unsequestered jury of the Cleveland courts.Rationale: Due process of law states that: A fundamental, constitutional guarantee that all legal proceedings will be fair and that one will be given notice of the proceedings and an opportunity to be heard before the government acts to take away one's life, liberty, or property. Also, a constitutional guarantee that a law shall not be unreasonable, arbitrary, or capricious. The city of Cleveland unfairly published information regarding the trial, and the jury was biased because of this, and had a preconception of how they were going to vote.

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