United States of America Ex Rel. Alfred J. Ackerman v. Frank C. Johnston, Warden, Western State Penitentiary

Third Circuit

United States of America Ex Rel. Alfred J. Ackerman v. Frank C. Johnston, Warden, Western State Penitentiary

235 F.2d 958

CourtCourt of Appeals for the Third Circuit

DecidedSeptember 13, 1956

Docket11875

StatusPublished

Cited by16 cases

This text of 235 F.2d 958 (United States of America Ex Rel. Alfred J. Ackerman v. Frank C. Johnston, Warden, Western State Penitentiary) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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United States of America Ex Rel. Alfred J. Ackerman v. Frank C. Johnston, Warden, Western State Penitentiary, 235 F.2d 958 (3d Cir. 1956).

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Opinion

PER CURIAM.

The record demonstrates that the relator-appellant, Ackerman, has failed to exhaust his State remedies on the issue of denial of due process by reason of widespread pretrial publicity which is alleged to have created an atmosphere of hysteria and prejudice. It is conceded by Ackerman that the issue of such pervasive and unfavorable publicity was not submitted to the Superior Court of Pennsylvania, Commonwealth v. Ackerman, 176 Pa.Super. 80,106 A.2d 886. See Rule 28. It is further conceded that that issue was not even referred to in the petition for leave to appeal to the Supreme Court of Pennsylvania. Careful consideration has been given to the arguments raised by appellant under II and IV of his brief.

Accordingly, the judgment of the court below will be affirmed.

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PER CURIAM.

The record demonstrates that the relator-appellant, Ackerman, has failed to exhaust his State remedies on the issue of denial of due process by reason of widespread pretrial publicity which is alleged to have created an atmosphere of hysteria and prejudice. It is conceded by Ackerman that the issue of such pervasive and unfavorable publicity was not submitted to the Superior Court of Pennsylvania, Commonwealth v. Ackerman, 176 Pa.Super. 80,106 A.2d 886. See Rule 28. It is further conceded that that issue was not even referred to in the petition for leave to appeal to the Supreme Court of Pennsylvania. Careful consideration has been given to the arguments raised by appellant under II and IV of his brief.

Accordingly, the judgment of the court below will be affirmed.

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235 F.2d 958, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-of-america-ex-rel-alfred-j-ackerman-v-frank-c-johnston-ca3-1956.

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