rideau louisiana argued april decided june hours man robbed bank lake charles kidnapped three bank employees killed one petitioner arrested lodged parish jail next morning motion picture film sound track made interview jail petitioner sheriff parish interview lasted approximately minutes consisted interrogation sheriff admissions petitioner perpetrated bank robbery kidnapping murder later day succeeding two days filmed interview broadcast local television station seen heard many people parish subsequently petitioner arraigned charges armed robbery kidnapping murder two lawyers appointed represent promptly filed motion change venue denied petitioner convicted trial parish sentenced death murder charge held denial due process law refuse request change venue people parish exposed repeatedly depth spectacle petitioner personally confessing detail crimes later charged pp la reversed fred sievert argued cause filed brief petitioner frank salter argued cause respondent brief jack gremillion attorney general louisiana robert link john jackson culligan assistant attorneys general justice stewart delivered opinion evening february man robbed bank lake charles louisiana kidnapped three bank employees killed one hours later petitioner wilbert rideau apprehended police lodged calcasieu parish jail lake charles next morning moving picture film sound track made interview jail rideau sheriff calcasieu parish interview lasted approximately minutes consisted interrogation sheriff admissions rideau perpetrated bank robbery kidnapping murder later day filmed interview broadcast television station lake charles people community saw heard television sound film shown television next day estimated audience people following day film broadcast television station time approximately people saw heard interview television sets calcasieu parish population approximately people two weeks later rideau arraigned charges armed robbery kidnapping murder two lawyers appointed represent lawyers promptly filed motion change venue ground deprive rideau rights guaranteed constitution force trial calcasieu parish three television broadcasts interview sheriff hearing motion change venue denied rideau accordingly convicted sentenced death murder charge calcasieu parish trial three members jury convicted stated voir dire seen heard rideau televised interview sheriff least one occasion two members jury deputy sheriffs calcasieu parish rideau counsel requested jurors excused cause exhausted peremptory challenges challenges cause denied trial judge judgment conviction affirmed louisiana la case writ certiorari record case contains exhibit sound film broadcast people calcasieu parish saw television sets rideau jail flanked sheriff two state troopers admitting detail commission robbery kidnapping murder response leading questions sheriff record fails show whose idea make sound film broadcast local television station know conceded circumstances plan carried active cooperation participation local law enforcement officers certainly one suggested rideau idea even aware going sound film made view take case question originally initiated idea televised interview event basically irrelevant detail hold denial due process law refuse request change venue people calcasieu parish exposed repeatedly depth spectacle rideau personally confessing detail crimes later charged anyone ever watched television conclusion avoided spectacle tens thousands people saw heard real sense rideau trial pleaded guilty murder subsequent proceedings community pervasively exposed spectacle hollow formality brown mississippi set aside murder convictions secured state trial formalities fair procedures based upon free voluntary confessions fact preceded grossly brutal kangaroo proceedings defendants held jail without counsel chief justice hughes wrote case state free regulate procedure courts accordance conceptions policy follow may substitute trial ordeal cf white texas almost generation ago era onrush electronic age case us involve physical brutality kangaroo proceedings case involved subtle less real deprivation due process law constitution guarantee due process person accused committing crime vouchsafed basic minimal rights among right counsel right plead guilty right tried courtroom presided judge yet case people calcasieu parish saw heard three times trial rideau jail presided sheriff lawyer advise rideau right stand mute record shows thing never took place calcasieu parish louisiana whether occurred elsewhere know hesitate hold without pausing examine particularized transcript voir dire examination members jury due process law case required trial jury drawn community people seen heard rideau televised interview due process law preserved constitution commands practice disclosed record shall send accused death chambers florida reversed footnotes louisiana summarized event follows morning february defendant interviewed sheriff entire interview filmed sound track shown audience television station three occasions showings occurred prior arraignment defendant murder charge interview accused admitted part crime later indicted gideon wainwright mazilly police work roughly years yes sir yesterday time sound film picture shown shown encompassing interview sheriff reid rideau years know similar case parish southwest louisiana man charged capital crime allowed pictures made general public shown pictures sound track confessed capital crime sir justice clark justice harlan joins dissenting evening february petitioner wilbert rideau arrested confined calcasieu parish jail lake charles louisiana arrest arose bank robbery subsequent kidnapping homicide night arrest petitioner made detailed oral written confessions crimes following morning sound film made interview sheriff petitioner admitted commission crimes film broadcast local television station february march petitioner arraigned charges armed robbery kidnapping murder required law louisiana pleaded guilty two capital crimes entered plea guilty charge armed robbery counsel appointed immediately requested permission withdraw plea guilty armed robbery motion granted filed motion quash state required elect count wished proceed state elected murder count trial set april defense moved change venue denied hearing thereupon jury empaneled petitioner tried convicted murder louisiana affirmed reverses judgment holding denial petitioner motion change venue deprivation due process law searched opinion record unable find deprivation due process fourteenth amendment therefore dissent outset two matters clearly established first believe within province law enforcement officers actively cooperate activities tend make difficult achievement impartial justice therefore case arose federal exercise supervisory powers vote reverse judgment us cf marshall goes without saying however significant difference matters within scope supervisory power matters reach level constitutional dimension see stein new york brown allen second agree fully one deprived due process law tried environment permeated hostility judicial proceedings hollow formality proposition position regard thereto established irvin dowd point must part company however much deviates principles established irvin applies principles simply stops point without establishing substantial nexus televised interview petitioner trial occurred almost two months later unless adverse publicity shown record fatally infected trial simply basis inference publicity epitomized televised interview called informal illicit analogy res judicata making petitioner trial meaningless formality see beck washington apparently realize necessity establishing nexus illustrated reliance brown mississippi case progeny stand proposition one may constitutionally convicted crime upon evidence including confession involuntarily made clear nexus action state officials trial trial results action admitted evidence trial course neither filmed interview transcript shown read jury oral written confessions made night arrest admitted evidence argument exclusion made petitioner obtained interrogation advised right counsel counsel present argument clearly answered decisions cicenia lagay crooker california fact adverse publicity evidence case controlling however recognized matter may unusual circumstances fatally infect trial enters courtroom indelibly imbedded minds jurors found situation irvin dowd supra continuous wave publicity concerning offense past record petitioner permeated area tried examination voir dire record shows prospective jurors almost examined point entertained opinion guilt ranging intensity mere suspicion absolute certainty number admitted accused place dock jury opinions want jury 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 initially face obstacle determining pervasiveness televised interview since circulation television program less susceptible determination newspaper figures quoted representing number people saw heard interview given program director television station represented typical number viewers times interview broadcast determined rating service conducted sampling months previous broadcasts director testified figures represented approximate number say way prove communications intangible business course assuming arguendo accuracy figures given way determining whether figures mutually inclusive whether represent different viewers different occasions record give tangible indication effect publicity however hearing motion change venue hearing five witnesses testified opinions petitioner get fair trial parish witnesses testified opinions petitioner get fair trial stipulation entered five witnesses testify get fair trial parish crucial evidence relates composition jury members panel three seen televised interview shown almost two months trial petitioner assert record show three testified holding opinions petitioner guilt testify however lay aside opinion give defendant presumption innocence provided law base decision solely upon evidence apply law given judge stated per curiam testified notwithstanding anything may heard seen read case la right trial fair impartial tribunal basic requirement due process murchison must safeguarded vigilance recognized irvin however impossible standard require tribunal laboratory completely sterilized freed external factors determination impartiality demeanor plays important part particularly within province trial judge jurors testify discount influence external factors meet standard imposed fourteenth amendment assurance lightly discarded circumstances unusually compelling irvin assurances may discarded asking much burden showing essential unfairness sustained claims injustice seeks result set aside adams ex rel mccann since petitioner clearly met burden affirm judgment us see ritz years state criminal confession cases wash lee rev