August 26, 2013
- 110 Criminal Law
- 110XX Trial
- 110XX(B) Course and Conduct of Trial in General
- 110k633.32 k. Publicity, Media Coverage, and Occurrences Extraneous to Trial.
For publicity surrounding incident giving rise to charges against defendant to have infringed protections afforded by due process and Sixth Amendment, defendant must show that trial itself was conducted in a circus-like atmosphere, that actual jurors who sat on case possessed fixed opinions that prevented them from judging impartially the guilt or innocence of the defendants, or that community was so saturated with inflammatory publicity as to require a presumption of partiality.
U.S. v. Moreno Morales, 815 F.2d 725 (1st Cir. 1987)