context: This is also not a ease where Mr. Ellington has shown that bias to the impaneled jury might be presumed because of the extent of publicity during the trial.
citation_a.signal: see also
citation_a.identifier: 86 S.Ct. 1507, 1519
citation_a.parenthetical: atmosphere of a "Roman holiday for the news media," a "deluge of publicity," and "massive pretrial publicity" necessitated new trial
citation_a.sentence: See State v. Scroggins, 91 Idaho 847, 848, 433 P.2d 117, 118 (1967) (mid-trial newspaper article stating other charges filed against the defendant which was discussed in the jury room did not present the degree of publicity necessary to overcome the presumption of impartiality); see also Marshall v. United States, 360 U.S. 310, 312, 79 S.Ct. 1171, 1173, 3 L.Ed.2d 1250, 1251-52 (1959) (jury’s exposure to newspaper article which was highly prejudicial to defendant necessitated new trial); Sheppard v. Maxwell, 384 U.S. 333, 356, 86 S.Ct. 1507, 1519, 16 L.Ed.2d 600, 616 (1966) (atmosphere of a “Roman holiday for the news media,” a “deluge of publicity,” and “massive pretrial publicity” necessitated new trial); Estes v. Texas, 381 U.S. 532, 543, 85 S.Ct. 1628, 1633, 14 L.Ed.2d 543, 550 (1965) (live radio and television broadcast of trial and pre-trial proceedings deprived defendant of “judicial serenity and calm to which [he] was entitled”); State v. Hall, 111 Idaho 827, 831, 727 P.2d 1255, 1259 (Ct.App.1986) (denial of motions for change of venue and sequestration not an abuse of discretion because prospective jurors were not “incessantly exposed to news stories throughout the pretrial period” and the “intensity of the initial coverage was dissipated by the passage of time”).
citation_b.signal: see
citation_b.identifier: 433 P.2d 117, 118
citation_b.parenthetical: mid-trial newspaper article stating other charges filed against the defendant which was discussed in the jury room did not present the degree of publicity necessary to overcome the presumption of impartiality
citation_b.sentence: See State v. Scroggins, 91 Idaho 847, 848, 433 P.2d 117, 118 (1967) (mid-trial newspaper article stating other charges filed against the defendant which was discussed in the jury room did not present the degree of publicity necessary to overcome the presumption of impartiality); see also Marshall v. United States, 360 U.S. 310, 312, 79 S.Ct. 1171, 1173, 3 L.Ed.2d 1250, 1251-52 (1959) (jury’s exposure to newspaper article which was highly prejudicial to defendant necessitated new trial); Sheppard v. Maxwell, 384 U.S. 333, 356, 86 S.Ct. 1507, 1519, 16 L.Ed.2d 600, 616 (1966) (atmosphere of a “Roman holiday for the news media,” a “deluge of publicity,” and “massive pretrial publicity” necessitated new trial); Estes v. Texas, 381 U.S. 532, 543, 85 S.Ct. 1628, 1633, 14 L.Ed.2d 543, 550 (1965) (live radio and television broadcast of trial and pre-trial proceedings deprived defendant of “judicial serenity and calm to which [he] was entitled”); State v. Hall, 111 Idaho 827, 831, 727 P.2d 1255, 1259 (Ct.App.1986) (denial of motions for change of venue and sequestration not an abuse of discretion because prospective jurors were not “incessantly exposed to news stories throughout the pretrial period” and the “intensity of the initial coverage was dissipated by the passage of time”).