Irvin v. Dowd

PETITIONER: Irvin
RESPONDENT: Dowd
LOCATION: Roosevelt Bar and Tavern

DOCKET NO.: 63
DECIDED BY: Warren Court (1958-1962)
LOWER COURT: United States Court of Appeals for the Seventh Circuit

CITATION: 359 US 394 (1959)
ARGUED: Jan 15, 1959
DECIDED: May 04, 1959

Facts of the case

Question

Media for Irvin v. Dowd

Audio Transcription for Oral Argument - January 15, 1959 (Part 1) in Irvin v. Dowd

Audio Transcription for Oral Argument - January 15, 1959 (Part 2) in Irvin v. Dowd

Richard M. Givan:

-- for recess, we're discussing the jurors.

Now, I would just again stress that we most strongly feel that it is necessary to examine the entire voir dire examination of the jurors who did serve and those jurors -- or the jurors who are questioned, I should say, and those jurors are set out in our brief starting at page 15 and thereafter.

And comments and citations to the direct comments upon and citations to the record concerning their voir dire examination are contained there.

And I think, at most, I can serve as an -- serve an index for you to the record in this case.

How many of the 431 jurors that were originally called for excuse by the Court because they formed fixed opinions about the case?

Richard M. Givan:

It was over 200, Your Honor.

Over 200?

Richard M. Givan:

I can't state the exact number, but I think it was over 200.

Felix Frankfurter:

How long -- how long was the total examination of jurors before the jury (Inaudible)

Richard M. Givan:

It was in the nature of two weeks, Your Honor.

Attorney:

Four.

Richard M. Givan:

Four weeks.

Felix Frankfurter:

Four weeks.

Richard M. Givan:

I beg your pardon, it was four weeks.

This was quite --

(Voice Overlap) --

Richard M. Givan:

-- lengthy.

This record largely consists of the voir dire examination, and it is near 6000 pages.

(Inaudible)

Richard M. Givan:

I don't know the exact time on that.

Again, I refer to trial counsel.

Attorney:

It's about a week.

Richard M. Givan:

About a week he says --

Felix Frankfurter:

So, we can get a jury in one week to get the fact.

Richard M. Givan:

That's correct.

Now, we submit that after an examination of this record concerning the qualifications of these jurors, it would become evident to the Court that the jury or each member of the jury who actually sat in this case was qualified under the Indiana statute, that the Indiana statute is a statement in the Reynolds -- of the Reynolds case.

Actually, the reasoning is set out in the Reynolds case that -- that is a necessary view under our present civilization.

We -- it's impossible to keep things of this matter out of the newspapers.

I think it would be unadvisable to keep them out of the newspaper.

Now, we often know -- we all know of instances where newspapers may go too far and try to use their own influence, but as far as a factual reporting in what does occur, I think, is absolutely essential to the type of civilization which we live.