Epstein Secrets

d 944) merely procedural will result in the same trivialization of premature incarceration of accused persons prior to trial. I hold with Justice Jackson who, sitting as a circuit justice, said: It is difficult to reconcile with traditional American law the jailing of persons by the courts because

s that apply to pro- tect a defendant at the trial stage also apply at the appellate level, provided the appeal is a matter of right. FN2. Justice Rehnquist, writing in dissent, vehemently objected to this characterization as "inconsistent with the general view of state app late review expressed ...

) of the Fed.R.Civ.P. Har- grave McKinney, 413 F.2d 320, 324 (6 Cir. 1 9). We cannot attribute to the 3. Set Gunn I ralveralty Committee, supra; Jackson Cboo9t61404 F24 910, 012 (5 eft. 1908): Lyons ■ Davoren, 402 P.24 890, 892 (1 Cir. 1 , cert. denied, 393 U.B. 1081, 89 8.1 . 861, 21 LFAI24 u 7

insu- lar and discrete' minorities at every turn in the road." Sugarman v. nougat:, 113 U.S. 634, 657, 93 S.Ct. 2842, 2865, 37 L.Ed.2d 853 (1973) (Rehnquist, .1., dissent- ing). We therefore decline to equate one's choice of language with one's race or na- tional origin, classification on the basis of w

nderlying the orderly prosecution *237 and defense of legal claims.' Id., at 510, 67 S.Ct., at 393; see also id., at 514515? 67 S.Ct., at 395-396 (Jackson, J., concumng). As the Court there observed: 'Historically, a lawyer is an officer of the court and is bound to work for the ad- vancement of just

preclusion sanction did not deprive defend- ant of rights to compulsory process and cross-examination. Page 1 Mr. Justice White and Mr. Justice Rehnquist joined in parts of the court's opinion. Opinion following reversal, 522 F.2d 1274. Mr. Justice White filed an opinion con- curring in the judgmen