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  • United States of America Ex Rel. Joseph M. Ryan v. Commonwealth of Pennsylvania, William J. Banmiller, Warden, 288 F.2d 453, 3rd Cir. (1961)

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    The document summarizes a court case in which Joseph M. Ryan appealed his murder conviction from a Pennsylvania state court, arguing that his constitutional rights were violated because the jury verdict was not unanimous. The U.S. Court of Appeals for the Third Circuit upheld the district court's refusal to overturn Ryan's conviction, finding that he failed to provide substantial evidence that the jury verdict was not unanimous. The appellate court affirmed the lower court's judgment.

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    Filed: 1961-03-30 Precedential Status: Precedential Citations: 288 F.2d 453 Docket: 13489_1

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    The document summarizes a court case in which Joseph M. Ryan appealed his murder conviction from a Pennsylvania state court, arguing that his constitutional rights were violated because the jury verdict was not unanimous. The U.S. Court of Appeals for the Third Circuit upheld the district court's refusal to overturn Ryan's conviction, finding that he failed to provide substantial evidence that the jury verdict was not unanimous. The appellate court affirmed the lower court's judgment.

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    United States of America Ex Rel. Joseph M. Ryan v. Commonwealth of Pennsylvania, William J. Banmiller, Warden, 288 F.2d 453, 3rd Cir. (1961)

    Uploaded by

    Scribd Government Docs
    The document summarizes a court case in which Joseph M. Ryan appealed his murder conviction from a Pennsylvania state court, arguing that his constitutional rights were violated because the jury verdict was not unanimous. The U.S. Court of Appeals for the Third Circuit upheld the district court's refusal to overturn Ryan's conviction, finding that he failed to provide substantial evidence that the jury verdict was not unanimous. The appellate court affirmed the lower court's judgment.

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    of 1

    288 F.

    2d 453

    UNITED STATES of America ex rel. Joseph M. RYAN,


    Appellant,
    v.
    COMMONWEALTH OF PENNSYLVANIA, William J.
    Banmiller, Warden, et al.
    No. 13489.

    United States Court of Appeals Third Circuit.


    Submitted March 23, 1961.
    Decided March 30, 1961.

    Joseph M. Ryan, pro se, for appellant.


    Martin H. Lock, Dist. Atty. of Dauphin County, William W. Caldwell,
    Asst. Dist. Atty., Harrisburg, Pa., for appellees.
    Before KALODNER, STALEY and HASTIE, Circuit Judges.
    PER CURIAM.

    This case arises as a collateral attack in a federal district court upon a murder
    conviction in a state court and the consequent sentence of the accused to life
    imprisonment. The conviction is said to have been essentially unfair and,
    therefore, unconstitutional in that two of the twelve jurors did not concur in the
    verdict of guilty. However, the appellant failed to present substantial evidence
    to support his charge that the verdict of the jury was not unanimous.
    Accordingly, the court below quite properly refused to disturb the conviction.

    The judgment will be affirmed.

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