UNITED STATES EX REL. PERRY v. CUYLER

No. 77-2290.

584 F.2d 644 (1978)

UNITED STATES of America ex rel. Arthur PERRY, F-5241, Appellant, v. Julius T. CUYLER, Superintendent of Graterford State Prison, F. Emmett Fitzpatrick, District Attorney of Philadelphia, Appellees.

United States Court of Appeals, Third Circuit.

Decided September 29, 1978.


Attorney(s) appearing for the Case

William T. Cannon, Philadelphia, Pa., for appellant.

Jane Cutler Greenspan, Asst. Dist. Atty., Michael F. Henry, Chief, Motions Div., Steven H. Goldblatt, Deputy Dist. Atty., Edward G. Rendell, Dist. Atty., Philadelphia, Pa., for appellees.

Before ADAMS, WEIS and HIGGINBOTHAM, Circuit Judges.


OPINION OF THE COURT

A. LEON HIGGINBOTHAM, Jr., Circuit Judge.

Arthur Perry has appealed from the district court's denial of his petition for a writ of habeas corpus. Petitioner contends that he was deprived of his right under the Sixth and Fourteenth Amendments to a fair trial because the judge who presided at his trial had attended the funeral of petitioner's alleged murder victim. Although we share the dissent's concern that even the appearance of judicial...

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