Irvin v. Dowd
- Decided
- June 5, 1961
- Docket
- 41
- Status
- Published
- Jurisdiction
- Federal
Cited 3,697 timesSuperseded by statute (not yet verified)Possible negative treatment: superseded by statute (not yet verified) · Davis v. Jones
What later courts said
- holding that the Fourteenth Amendment requires that States guarantee a fair trial by a panel of impartial jurors — Gardner v. Ozmint (2007)
- holding that a juror is impartial "if the juror can lay aside his impression or opinion and render a verdict based on the evidence presented in court" — State v. Sessions (2014)
- holding that juror bias is a "mixed [question of] law and fact” and that therefore the federal habeas court must "independently evaluate the voir dire testimony” — Douglas Feldman v. Rick Thaler, Director (2012)
Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.
How the opinion begins
Mr. Justice Clark delivered the opinion of the Court.
This is a habeas corpus proceeding, brought to test the validity of petitioner’s conviction of murder and sentence of death in the Circuit Court of Gibson County, Indiana. The Indiana Supreme Court affirmed the conviction in Irvin v. State, 236 Ind. 384, 139 N. E. 2d 898, and we denied direct review by certiorari “without prejudice to filing for federal habeas corpus after exhausting state remedies.” 353 U. S. 948. Petitioner- immediately [*719] sought a writ of habeas corpus, under 28 U. S. C. § 2241,[1] in the District Court for the Northern District of Indiana, claiming that his conviction had been obtained in violation of the Fourteenth Amendment in that he did not receive a fair trial. That court dismissed the proceeding on the ground that petitioner had failed to exhaust his state remedies. 153 F. Supp. 531. On appeal, the Court of Appeals for the Seventh Circuit affirmed the dismissal. 251 F. 2d 548. We granted certiorari, 356 U. S. 948, and remanded to the Court of Appeals for decision on the merits or remand to the District Court for reconsideration. 359 U. S. 394. The Court of Appeals retained jurisdiction and decided the claim adversely to petitioner. 271 F. 2d 552. We granted certiorari, 361 U. S. 959.
As stated in the former opinion, 359 U. S., at 396-397:
Statutes cited
Cite this
Irvin v. Dowd, 366 U.S. 717 (1961)Read the full opinion
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