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Any subsequent court proceedings in a community so pervasively exposed to such a spectacle could be but a hollow formality.
"Requiring the state to call the technician who filled out a form and recorded the results of a test is a hollow formality," Justice Kennedy wrote.
But the potentialities of what went on outside the courtroom during the three days of the trial may well have made these courtroom proceedings little more than a hollow formality.
"Any subsequent court proceedings in a community so pervasively exposed to such a spectacle could be but a hollow formality," Justice Potter Stewart wrote for the majority in the 7-to-2 decision.
In reversing, the Court did not examine the voir dire for evidence of actual prejudice because it considered the trial under review "but a hollow formality" -- the real trial had occurred when tens of thousands of people, in a community of 150,000, had seen and heard the defendant admit his guilt before the cameras.
Second, I agree fully with the Court that one is deprived of due process of law when he is tried in an environment so permeated with hostility that judicial proceedings can be 'but a hollow formality.' This proposition, and my position with regard thereto, are established in Irvin v. Dowd, 366 U.S. 717, 81 S.Ct.
Similar(54)
A formality.
No formality.
That is no formality.
SLEEPY HOLLOW Sleepy Hollow High School Juilliard Baroque.
Similar formality for women.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com