GAYLE v. SCULLY

No. 846, Docket 84-2374.

779 F.2d 802 (1985)

Keith GAYLE, Petitioner-Appellant, v. Charles SCULLY, Superintendent, Green Haven Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided December 12, 1985.


Attorney(s) appearing for the Case

Barry Bassis, New York City (Legal Aid Society, Federal Defender Services Unit, New York City, of counsel), for petitioner-appellant.

Shulamit Rosenblum, Brooklyn, N.Y. (Elizabeth Holtzman, Dist. Atty., Barbara D. Underwood, Asst. Dist. Atty., Kings County, N.Y., of counsel), for respondent-appellee.

Before OAKES, MESKILL and PIERCE, Circuit Judges.


PIERCE, Circuit Judge.

Whether conduct by a judge in a state court criminal trial is sufficiently excessive to constitute a violation of the federal constitutional right to a fair trial is the issue presented here. Clearly, the fundamental right to a fair trial rests at the epicenter of our broad array of due process rights, thus, a most scrupulous review of the events which occurred in the challenged criminal trial is required of us. Principles of fundamental fairness...

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