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Estes vs Texas
6
Massive pretrial publicity
The United States Constitution
How did the Supreme Court rule?
Why was it appealed to the Supreme Court?
Justice Tom C. Clark ruled in favor of Estes because they violated his 14th amendment right of due process. The first amendment allowed journalist to publicize the trial. However, the over use of public media made the court room environment unsuitable for the trial.
The 14th Amendment- Due Process of Law
It is guaranteed by the Constitution that the accused in any trial is to be fairly dealt with and not unjustly condemned. The case was in violation of the 14th amendment, due process of law.
What did the dissenting opinion state and who wrote it?
What did the majority opinion state and who wrote it?
The dissenting opinion was based off of the sixth amendment and stated that no constitutional provision guarantees a right to televise trials. The dissenting opinion was written by Justice Clark, Justice Goldberg, Justice Douglas, Justice Harlan and Justice Warren.
The majority stated that Estes position was correct and that the televising of criminal trials is constitutionally a denial of due process. This is why his sentence was repealed. The majority opinion was written by
Estes vs Texas
Sources
Background
Estes vs Texas
- http://cases.laws.com/estes-v-texas
- https://supreme.justia.com/cases/federal/us/381/532/case.html
- http://digitalcommons.law.scu.edu/cgi/viewcontent.cgi?article=2610&context=lawreview
- http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=381&invol=532
- http://constitution.laws.com/amendments/first-amendment
- http://meganslawjournal.com/2012/03/22/estes-v-texas/
- http://en.wikipedia.org/wiki/Estes_v._Texas
- http://www.law.cornell.edu/supremecourt/text/381/532
In the criminal case of Billy Sol Estes (a petitioner) he was found guilty of swindling in Texas in the year 1965. However, due to the impact of television media in the courtroom, it violated his right to a fair trial.
The lawyers who defended Estes were John D. Cofer and Hume Cofer.
By Jairi Key and Alex Case
1/23/14
2nd Period
Faulkner
How does it affect your rights?