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Keywords

appealtrialhabeas corpusdue processprosecutorbeyond a reasonable doubtjury instructionslife imprisonment

defendantlitigationlawyerdue processbeyond a reasonable doubtjury instructionslife imprisonment

Related Cases

Ford v. Israel, 701 F.2d 689

Facts

In 1972, a group of masked men, including Jesse James Ford, III, robbed Harold's Club in Wisconsin, resulting in the death of the bartender and a patron. Ford was convicted in 1973 and sentenced to life imprisonment. After exhausting state remedies, he filed a habeas corpus petition in federal court, raising issues regarding jury instructions, the use of his postarrest silence, and the denial of his chosen counsel due to Wisconsin's local counsel rule.

In 1972 a group of masked men robbed Harold's Club, a restaurant and bar near Madison, Wisconsin, and shot and killed the bartender and a patron. The robbers were caught and in 1973 were tried and convicted in a Wisconsin state court. Among the defendants was Jesse James Ford, III, who was convicted of first-degree murder and armed robbery and sentenced to life imprisonment.

Issue

Did the jury instructions violate due process by allowing conviction without proof beyond a reasonable doubt? Was the failure to object to the prosecutor's questions regarding postarrest silence prejudicial? Did the local counsel requirement deprive Ford of his Sixth Amendment right to counsel of his choice?

Ford claims that the jury instructions violated due process of law by allowing the jury to convict him without being satisfied that he was guilty beyond a reasonable doubt.

Rule

The court applied the principle that jury instructions must not violate due process, that failure to object can constitute a waiver unless prejudicial, and that local counsel rules do not necessarily infringe upon the right to counsel of choice if competent representation is provided.

Rules requiring that local counsel appear in all litigation are, so far as we are aware, universal, and their constitutionality was upheld in Martin v. Walton, 368 U.S. 25, 82 U.S. 1, 7 L.Ed.2d 5 (1961) (per curiam).

Analysis

The court found that the jury instructions, while potentially problematic, did not fundamentally violate due process as they were consistent with established legal standards. The failure of Ford's counsel to object to the prosecutor's questions regarding his silence was deemed non-prejudicial given the overwhelming evidence against him. Regarding the local counsel rule, the court concluded that while it limited Ford's choice, it did not deprive him of effective representation, as his appointed counsel was competent.

The local-counsel rule, though it has about it the air of a guild restriction and may for all we know be motivated by a desire to increase the fees of Wisconsin lawyers at the expense of lawyers from other states, is not so arbitrary as these examples; and, paradoxically, is less arbitrary in a criminal than in a civil case.

Conclusion

The Court of Appeals affirmed the district court's denial of Ford's habeas corpus petition, concluding that his rights were not violated during the trial process.

Affirmed.

Who won?

The State prevailed in the case, as the court found that Ford's claims regarding due process and the right to counsel were without merit.

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