Irvin v. Dowd
Irvin v. Dowd | |
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Case history | |
Prior | Certiorari to the United States Court of Appeals for the Seventh Circuit |
Holding | |
The doctrine of exhaustion of state remedies does not bar resort to federal habeas corpus if the petitioner has obtained a decision on his constitutional claims from the highest court of a State, even though that court could have based its decision on another ground. | |
Court membership | |
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Case opinions | |
Majority | Brennan, joined by Warren, Black, Douglas, Stewart |
Concurrence | Stewart |
Dissent | Frankfurter |
Dissent | Harlan, joined by Frankfurter, Clark, Whittaker |
Laws applied | |
28 U.S.C. § 2254 |
Irvin v. Dowd, 359 U.S. 394 (1959), was a
Irvin v. Dowd was one of the first of many cases to underscore the "swing vote" role played by Justice
Factual background
The Irvin case centered on a series of murders in Evansville, Indiana, from 1954 to early 1955.[3] In April 1955, local police arrested Leslie Irvin, announcing he had confessed to the crimes.[3] Irvin's lawyers sought a change of venue for the case to avoid local biases, but they lost; a third of the jury was seated despite statements showing they had prejudged the defendant to be guilty.[3] Irvin was sentenced to death in January 1956; he soon escaped from jail, leaving a note maintaining his innocence and alleging police misconduct and public prejudging of his case, as well as asking his lawyer to appeal.[4] Irvin was soon recaptured, and the Indiana Supreme Court would reject his motions for appeals.[5]
Irvin's lawyer came to the Supreme Court asking for a writ of habeas corpus.[5]
Legal issues
The case came to the Supreme Court to decide the question of whether Irvin's escaping from custody forfeited his right to appeal.[5] Beyond that, the justices on the court prone to judicial restraint (Frankfurter, Harlan, Clark, and Whittaker) were usually not supportive of the idea of a federal court issuing a writ of habeas corpus in a state prosecution case.[5] Brennan and Warren were concerned with the jurors who were allowed to sit on the case despite having prejudged the outcome.[5]
Justice Stewart at first felt that court precedent, especially the case of Brown v. Allen, precluded the Supreme Court from getting involved in the state prosecution.[6] Brennan managed to distinguish the Brown case and convinced Stewart to vote with him, bringing about a 5-4 majority for the liberals.[6] Brennan wrote an opinion forcing the state of Indiana to consider Irvin's appeal on the basis of the jury issue; he did not reach the matter of Irvin's escape.[6]
Outcome
Justice Brennan wrote an opinion holding that Irvin's exhaustion of state remedies did not bar a federal court's granting habeas corpus.[1] Stewart issued a one-line concurrence distinguishing the case from Brown v. Allen.[1]
The four judges in the minority, Frankfurter's bloc, saw the case as an example of the Court overreaching.[6] Frankfurter resented the interposition of federal court review over state criminal actions.[6]
Aftermath
Though Justice Brennan had begun his Supreme Court career voting with Justice Frankfurter about half the time, the Irvin case marked the end of a meaningful relationship between the two justices.
Despite ideological divides, when the case came back to the Supreme Court nearly two years later, the Court managed to write a unanimous opinion again remanding the case to state court, due to the original trial depriving Irvin of Fourteenth Amendment due process.[10] Justice Clark's majority opinion underscored the need for impartiality in the jury: "In essence, the right to jury trial guarantees to the criminally accused a fair trial by a panel of impartial, 'indifferent' jurors."[10][11]
Justice Frankfurter wrote a concurrence on the media and its coverage's way of preventing jurors from delivering impartial verdicts.[10]
References
- ^ a b c Irvin v. Dowd, 359 U.S. 394 (1959).
- ISBN 978-0-671-76787-7
- ^ a b c Eisler 1993, p. 159.
- ^ Eisler 1993, pp. 159–160.
- ^ a b c d e Eisler 1993, p. 160.
- ^ a b c d e Eisler 1993, p. 161.
- ^ Eisler 1993, pp. 160–161, 164.
- ^ Eisler 1993, pp. 162–164.
- JSTOR 1337947
- ^ a b c "Irvin v. Dowd - 366 U.S. 717 (1961)". Supreme.justia.com. Retrieved June 27, 2013.
- ISBN 978-0-7637-3169-4
External links
- Text of Irvin v. Dowd, 359 U.S. 394 (1959) is available from: Justia Library of Congress Oyez (oral argument audio)