SHEPPARD V. MAXWELL 384 U.S. 333 (1966)

Procedural History:
Defendant was convicted of 2nd degree murder at state level.
Appealed to the U.S district court. Writ granted.
The court of appeals for the sixth circuit reversed by a divided vote, certiorari was granted.

Facts: On July 4th 1954 Marilyn Sheppard, petitioner’s pregnant wife was murdered. Petitioner pieced together a story for the local officials and claimed he saw a "form" in a dim light standing over Mrs. Sheppard’s bed. He struggled with the form and then became unconscious due to being hit in the back of the neck. When he finally became conscious again he quickly tried to get a pulse from his wife but didn’t feel any. Petitioner quickly then ran to his sons Chip room just to make sure nothing had happened to him. A few moments later, a strange noise came from downstairs so he proceeded down the steps and chased the “form” out the door towards the lake. He wrestled with the form and then became unconscious again. After Mr. Sheppard awoke he went to check his wife pulse again and also to call the neighbor, Mayor Houk. When Mayor Houk and his wife asked what happened, Sheppard responded “he didn't know.”. The local police were called and they in turn notified the Coroner and Cleveland police. By the time they got there, Sheppard, family and friends were being interrogated and the house was entirely searched and photographed. The coroner and officers then accused him of killing his wife. Mr. Sheppard accepted to be questioned without an attorney, but when he denied doing this again he was written a subpoena. Petitioner then agreed, but the subpoena was ripped. The news media began their intensive publicity of the case and got a hold of the jurors. Publicity grew immensely until the indictment, which made the case more notorious. News media coverage continued massively the entire nine weeks of trial. Rumors of evidence from outside sources were being publicized. Defense counsel asked for change of venue, but this was denied. The court took no action.

Issue: Was Sheppard deprived of a fair trial in his state conviction for the murder of Mrs. Sheppard because the trials judges failed to protect him adequately from the immense, extensive and prejudicial publicity that was present in his prosecution?

Rule of Law: First Amendment is being weighed against an individual right to Due process under the 14th amendment to a fair trial as provided under the 6th amendment.