Section 13.32 Inflammatory Publicity

LibraryCriminal Practice 2012 Supp

1. (§13.32) Inflammatory Publicity

The Sixth Amendment and the Fourteenth Amendment Due Process Clause of the United States Constitution and article I, §§ 10 and 18(a), of the Missouri Constitution guarantee a fair trial by an impartial jury.

The defendant may move to dismiss based on a violation of these rights on the basis that the defendant cannot get an impartial jury because invidious or inflammatory publicity has corrupted the trial atmosphere. SeeRideau v. La., 373 U.S. 723 (1963); Irvin v. Dowd...

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