irvin dowd argued november decided june petitioner tried indiana state convicted murder sentenced death six murders committed vicinity evansville extensively covered news media locality aroused great excitement indignation throughout vanderburgh county evansville located adjoining gibson county shortly petitioner arrested prosecutor vanderburgh county evansville police officials issued press releases intensively publicized stating petitioner confessed six murders petitioner indicated vanderburgh county counsel appointed defend immediately sought change venue granted adjoining gibson county alleging widespread inflammatory publicity also highly prejudiced inhabitants gibson county petitioner counsel sought change venue county county sufficiently removed evansville locality permit unprejudiced fair trial denied trial jury panel consisted persons excused cause fixed opinions guilt petitioner finally served jury admitted thought petitioner guilty indicated notwithstanding opinion render impartial verdict petitioner conviction sustained state applied federal district writ habeas corpus denied held petitioner accorded fair impartial trial entitled due process clause fourteenth amendment conviction void judgment denying habeas corpus vacated case remanded district proceedings affording state reasonable time retry petitioner pp since state held attempt made secure impartial jury change venue appears jury obtained county venue changed duty grant second change venue order afford accused trial impartial jury state statute purporting permit one change venue face subject attack due process grounds pp failure state accord fair hearing one accused crime violates due process clause fourteenth amendment trial jury fair unless jury impartial pp circumstances case duty federal appeals evaluate independently voir dire testimony impaneled jurors pp record case said petitioner accorded fair trial impartial jury pp petitioner entitled freed detention sentence death pursuant void judgment still subject custody indictment may retried another indictment district allow state reasonable time retry pp james lopp theodore lockyear argued cause petitioner brief james nafe richard givan assistant attorney general indiana argued cause respondent brief edwin steers attorney general justice clark delivered opinion habeas corpus proceeding brought test validity petitioner conviction murder sentence death circuit gibson county indiana indiana affirmed conviction irvin state ind denied direct review certiorari without prejudice filing federal habeas corpus exhausting state remedies petitioner immediately sought writ habeas corpus district northern district indiana claiming conviction obtained violation fourteenth amendment receive fair trial dismissed proceeding ground petitioner failed exhaust state remedies supp appeal appeals seventh circuit affirmed dismissal granted certiorari remanded appeals decision merits remand district reconsideration appeals retained jurisdiction decided claim adversely petitioner granted certiorari stated former opinion constitutional claim arises way six murders committed vicinity evansville indiana two december four march crimes extensively covered news media locality aroused great excitement indignation throughout vanderburgh county evansville located adjoining gibson county rural county approximately inhabitants petitioner arrested april shortly thereafter prosecutor vanderburgh county evansville police officials issued press releases intensively publicized stating petitioner confessed six murders vanderburgh county grand jury soon indicted petitioner murder resulted conviction murder whitney wesley kerr allegedly committed vanderburgh county december counsel appointed defend petitioner immediately sought change venue vanderburgh county granted adjoining gibson county alleging widespread inflammatory publicity also highly prejudiced inhabitants gibson county petitioner counsel october sought another change venue gibson county county sufficiently removed evansville locality fair trial prejudiced motion denied apparently pertinent indiana statute allows single change venue outset met indiana statute providing one change venue shall granted county wherein offense committed since petitioner already afforded one change venue denied changes solely basis statute attacked constitutionality appeals upheld validity however light gannon porter circuit ind believe argument poses serious problem indiana held made appear attempt actually made secure impartial jury jury obtained county present venue becomes duty judiciary provide every accused public trial impartial jury even though must grant second change venue thus contravene statute prosecution attempts distinguish case ground district attorney conceded fair trial la porte county therefore properly ordered second change venue despite language statute inasmuch statute says nothing concessions believe indiana conditions duty judiciary transfer case another county solely upon representation prosecutor regardless trial estimate local conditions impartial jury may impaneled read gannon stands proposition necessity transfer depend upon totality surrounding facts construction statute face subject attack due process grounds england western world largely taken concepts individual liberty dignity worth every man bequeathed us safeguards preservation priceless trial jury right become much american english although said fourteenth amendment demand use jury trials state criminal procedure fay new york palko connecticut every state constitutionally provided trial jury see columbia university legislative drafting research fund index digest state constitutions essence right jury trial guarantees criminally accused fair trial panel impartial indifferent jurors failure accord accused fair hearing violates even minimal standards due process oliver tumey ohio fair trial fair tribunal basic requirement due process murchison ultimate analysis jury strip man liberty life language lord coke juror must indifferent stands unsworne litt verdict must based upon evidence developed trial cf thompson city louisville true regardless heinousness crime charged apparent guilt offender station life occupies written law early chief justice marshall burr trial theory law juror formed opinion impartial reynolds required however jurors totally ignorant facts issues involved days swift widespread diverse methods communication important case expected arouse interest public vicinity scarcely best qualified serve jurors formed impression opinion merits case particularly true criminal cases hold mere existence preconceived notion guilt innocence accused without sufficient rebut presumption prospective juror impartiality establish impossible standard sufficient juror lay aside impression opinion render verdict based evidence presented spies illinois holt reynolds supra adoption rule however foreclose inquiry whether given case application rule works deprivation prisoner life liberty without due process law lisenba california stated reynolds test whether nature strength opinion formed law necessarily raise presumption partiality question thus presented one mixed law fact affirmative issue upon challenger unless shows actual existence opinion mind juror raise presumption partiality juror need necessarily set aside positive decided opinion formed incompetent even though expressed stated brown allen mixed questions application constitutional principles facts found leave duty adjudication federal judge therefore duty appeals independently evaluate voir dire testimony impaneled jurors rule established reynolds finding trial upon issue force prospective juror opinion set aside reviewing unless error manifest later cases revisited reynolds citing instance proposition findings impartiality set aside prejudice manifest holt supra spies illinois supra hopt utah indiana agrees trial jurors fixed preconceived opinion accused guilt denial due process points voir dire examination discloses juror qualified applicable indiana statute true presiding judge personally examined members jury panel petitioner peremptory challenges insisted excused cause indicated notwithstanding opinion render impartial verdict chief justice hughes observed wood impartiality technical conception state mind ascertainment mental attitude appropriate indifference constitution lays particular tests procedure chained ancient artificial formula prejudice clear convincing examination current community pattern thought indicated popular news media singularly revealing example petitioner first motion change venue gibson county alleged awaited trial petitioner become cause celebre small community much curbstone opinions petitioner guilt even punishment receive solicited recorded public streets roving reporter later broadcast local stations reading exhibits petitioner attached motion indicates barrage newspaper headlines articles cartoons pictures unleashed six seven months preceding trial motion alleged newspapers stories appeared delivered regularly approximately dwellings gibson county addition evansville radio tv stations likewise blanketed county also carried extensive newscasts covering incidents stories revealed details background including reference crimes committed juvenile convictions arson almost years previously burglary awol charges war accused parole violator headlines announced police identification faced lie detector test placed scene crime six murders solved petitioner refused confess finally announced confession six murders fact indictment four indiana reported petitioner offer plead guilty promised sentence also determination hand prosecutor secure death penalty petitioner confessed burglaries modus operandi robberies compared murders similarity noted one story dramatically relayed promise sheriff devote life securing petitioner execution state kentucky petitioner alleged committed one six murders indiana failed another characterized petitioner remorseless without conscience also found sane panel doctors many stories petitioner described confessed slayer six parole violator artist petitioner counsel quoted received much criticism irvin counsel pointed way excusing attorney subject disbarment refuse represent irvin day trial newspapers carried story irvin orally admitted murder kerr victim case well mary holland murder wilhelmina sailer posey county slaughter three members duncan family henderson county gainsaid force continued adverse publicity caused sustained excitement fostered strong prejudice among people gibson county fact second day devoted selection jury newspapers reported strong feelings often bitter angry rumbled surface extent multiple murders three one family aroused feelings throughout area emphasized friday prospective jurors questioned excused holding biased pretrial opinions days later feeling described pattern deep bitter prejudice former spectator comments printed newspapers mind made think guilty hanged finally remarkable understatement headlines reported impartial jurors hard find panel consisted persons excused challenges cause fixed opinions guilt petitioner excused conscientious objection imposition death penalty maximum allowed peremptorily challenged petitioner state persons two alternates selected jurors rest excused personal grounds deafness doctor orders etc examination voir dire record shows prospective jurors almost examined point members panel never asked whether opinion entertained opinion guilt ranging intensity mere suspicion absolute certainty number admitted accused place dock jury opinions want jury pattern deep bitter prejudice shown present throughout community cf stroble california clearly reflected sum total voir dire examination majority jurors finally placed jury box eight thought petitioner guilty opinion permeating minds difficult say exclude preconception guilt deliberations influence lurks opinion formed persistent unconsciously fights detachment mental processes average man see delaney one life stake accounting frailties human nature say light circumstances finding impartiality meet constitutional standards jurors opinion petitioner guilty familiar material facts circumstances involved including fact murders attributed going far say take evidence overcome belief one said give defendant benefit doubt innocent another stated somewhat certain fixed opinion petitioner guilt doubt juror sincere said fair impartial petitioner psychological impact requiring declaration one fellows often father many many times admitted prejudice statement impartiality given little weight one jurors put ca forget hear see life stake requiring much petitioner tried atmosphere undisturbed huge wave public passion jury one members admit hearing testimony possessing belief guilt stroble california shepherd florida concurring opinion moore dempsey petitioner detention sentence death pursuant void judgment violation constitution therefore entitled freed therefrom judgments appeals district vacated case remanded latter however petitioner still subject custody indictment filed state indiana circuit gibson county charging murder first degree may tried another indictment district power habeas corpus proceeding dispose matter law justice require predecessors section often delayed discharge petitioner reasonable time may necessary taken judgment rendered defects render discharge necessary may corrected mahler eby therefore remand district enter orders appropriate consistent opinion cf grandsinger bovey supp allow state reasonable time retry petitioner cf chessman teets dowd cook tod waldman vacated remanded footnotes writs habeas corpus may granted district courts within respective jurisdictions writ habeas corpus shall extended prisoner unless custody violation constitution laws treaties burns ind stat replacement provides pertinent part affidavits change venue founded upon excitement prejudice county defendant cases punishable death may discretion cases punishable death shall grant change venue convenient county provided however one change venue judge one change county shall granted ight impressions may fairly supposed yield testimony may offered may leave mind open fair consideration testimony constitute sufficient objection juror strong deep impressions close mind testimony may offered opposition combat testimony resist force constitute sufficient objection challenges cause following shall good causes challenge person called juror criminal trial second formed expressed opinion guilt innocence defendant person called juror formed expressed opinion guilt innocence defendant parties shall thereupon proceed examine juror oath ground opinion appears founded upon reading newspaper statements communications comments reports upon rumors hearsay upon conversation witnesses transaction reading reports testimony hearing testify juror oath feels able notwithstanding opinion render impartial verdict upon law evidence satisfied impartial render verdict may discretion admit competent serve case burns ind stat replacement course agree opinion unfortunately isolated case happened evansville indiana atypical miscarriage justice due anticipatory trial newspapers instead trial jury one student society expressed view least significant test quality civilization treatment charged crime particularly offenses arouse passions community one rightful boasts western civilization state burden establishing guilt solely basis evidence produced circumstances assuring accused safeguards fair procedure rudimentary conditions determining guilt inevitably wanting jury sit judgment fellow human comes task mind ineradicably poisoned fallible men women reach disinterested verdict based exclusively heard entered jury box minds saturated press radio months preceding matter designed establish guilt accused conviction secured obviously constitutes denial due process law rudimentary conception term passes without importuned review convictions throughout country substantial claims made jury trial distorted inflammatory newspaper accounts often case prosecutor collaboration exerting pressures upon potential jurors trial even course trial thereby making extremely difficult impossible secure jury capable taking free prepossessions evidence submitted open indeed extraneous influences violation decencies guaranteed constitution sometimes powerful accused forced practical matter forego trial jury see maryland baltimore radio show one reason another undertake review envenomed state prosecutions disregard fundamental fairness flagrant compelled week ago reverse conviction prejudicial newspaper intrusion poisoned outcome janko ante see marshall see also stroble california dissenting opinion shepherd florida concurring opinion yet decided fair administration criminal justice must subordinated another safeguard constitutional system freedom press properly conceived yet decided convictions must reversed miscarriages justice result minds jurors potential jurors poisoned poisoner constitutionally protected plying trade