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LADD v. STATE OF SOUTH CAROLINA

No. 13267.

415 F.2d 870 (1969)

Wade LADD, Appellee, v. STATE OF SOUTH CAROLINA, William D. Leeke, Director, South Carolina Department of Corrections, Appellants.

United States Court of Appeals Fourth Circuit.

Decided September 24, 1969.

Attorney(s) appearing for the Case

Emmet H. Clair, Asst. Atty. Gen., of South Carolina (Daniel R. McLeod, Atty. Gen. of South Carolina, and B. O. Thomason, Jr., Solicitor, Thirteenth Judicial Circuit of South Carolina, on brief) for appellants.

Geddes H. Martin, Columbia, S. C. (Court-appointed counsel) for appellee.

Before SOBELOFF, BOREMAN and CRAVEN, Circuit Judges.

CRAVEN, Circuit Judge:

The State appeals from the order of the district court granting a writ of habeas corpus to South Carolina prisoner Wade Ladd. Release, unless the State elected to try him again, was granted Ladd on the theory that an improper contact with a juror, presumptively prejudicial, destroyed the integrity of the trial. Discerning no possible prejudice to Ladd in the unusual circumstances presented here, we...

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