PARKER V. GLADDEN, 385 U. S. 363 (1966)

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U.S. Supreme Court

Parker v. Gladden, 385 U.S. 363 (1966)

Parker v. Gladden

No. 81

Argued November 9, 1966

Decided December 12, 1966

385 U.S. 363


Petitioner was convicted of second degree murder. At a hearing on his petition for post-conviction relief, the trial court found that a bailiff assigned to shepherd the sequestered jury had stated to a juror, "Oh, that wicked fellow, he is guilty," and to another juror, "If there is anything wrong [in finding him guilty], the Supreme Court will correct it." Both statements were overheard by at least one regular juror or an alternate. The trial court granted a new trial, but the Oregon Supreme Court reversed.

Held: The bailiff's statements violated the command of the Sixth Amendment, made applicable to the States by the Fourteenth, that the accused shall enjoy the right to a trial by an impartial jury and be confronted with the witnesses against him.

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