EHRLICHMAN V. SIRICA, 419 U. S. 1310 (1974)

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U.S. Supreme Court

Ehrlichman v. Sirica, 419 U.S. 1310 (1974)

Ehrlichman v. Sirica

No. A-93

Decided August 28, 1974

419 U.S. 1310


Application for stay of District Court's order setting applicant's criminal trial date, on alleged grounds that pretrial publicity precluded applicant's receiving a fair trial in the venue at the time set and that he lacks sufficient time to prepare his defense, is denied. The responsibility for passing on a claim for a change of venue or delay in a trial because of prejudicial pretrial publicity calls for the exercise of the highest order of sound judicial discretion by the District Court, and doubts about the correctness of the order, particularly after the Court of Appeals has reviewed it and denied mandamus, do not constitute sufficient basis for contrary action by an individual Circuit Justice absent the most extraordinary circumstances. Denial of the application here indicates no view on the issues presented, and any errors in the exercise of discretion in resolving those issues are subject to appellate review.

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