1965, Sheppard v Maxwell 346 F.2d 707 (6th Cir. 1965)


1965, Sheppard v Maxwell 346 F.2d 707 (6th Cir. 1965)


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Maxwell (the Appellant, Warden of the Ohio State Penitentiary) here appealed the United States District Court order overturning the 1954 conviction of petitioner, Dr. Samuel H. Sheppard of the second-degree murder of his wife. Upon his appraisal of trial and pretrial publicity and other matters, the District Judge concluded that Dr. Sheppard did not have a fair trial and was thus deprived of rights guaranteed him by the United States Constitution. His order granted bail to Dr. Sheppard and released him from the Ohio Penitentiary where he had been confined under a life sentence since his conviction in 1954. Ohio was granted 60 days within which to take further action against Dr. Sheppard. Sheppard v. Maxwell, D.C., 231 F. Supp. 37 (July 15, 1964).

Sixth Circuit Court of Appeals here discussed the merits under the five headings of Publicity, Disqualification of Judge Blythin, Lie Detector Evidence, Communications with Jurors, and Other Questions. On a 2-to-1 vote, the court reinstated Sheppard's conviction, although they allowed him to remain free on bail pending his appeal to the United States Supreme Court.

1965, Sheppard v Maxwell 346 F.2d 707 (6th Cir. 1965)