United States v. Fernandez-Piloto, 28406 Summary Calendar.

Citation426 F.2d 892
Decision Date13 May 1970
Docket NumberNo. 28406 Summary Calendar.,28406 Summary Calendar.
PartiesUNITED STATES of America, Plaintiff-Appellee, v. Raimundo FERNANDEZ-PILOTO, Defendant-Appellant.
CourtUnited States Courts of Appeals. United States Court of Appeals (5th Circuit)

Jack J. Taffer, Miami, Fla., for appellant.

Robert W. Rust, U. S. Atty., William A. Daniel, Jr., Asst. U. S. Atty., Miami, Fla., for appellee.

Before BELL, AINSWORTH and GODBOLD, Circuit Judges.

PER CURIAM:

The sole contention in this case is that the district court, by the conduct of the voir dire examination of potential jurors, denied the defendant a fair trial as guaranteed by the Sixth Amendment.1

The trial judge has broad discretion in the conduct of the voir dire, subject to essential demands of fairness, Aldridge v. United States, 283 U.S. 308, 51 S.Ct. 470, 75 L.Ed. 1054 (1931). The district judge did not exceed his discretion nor did he act unfairly by either the mode of conducting the examination or his refusal to allow some of the questions the defendant wanted asked.

Affirmed.

1 We dispose of this case on the briefs and record, without oral argument, as provided by our Local Rule 18.

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6 cases
  • United States v. Jackson
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • September 8, 1971
    ...the manner in which the voir dire is conducted the widest discretion necessarily is reposed in the Trial Judge. United States v. Fernandez-Piloto, 5 Cir., 1970, 426 F.2d 892, 893; Grogan v. United States, 5 Cir., 1968, 394 F.2d 287, 291, cert. denied, 393 U.S. 830, 89 S.Ct. 97, 21 L.Ed.2d 1......
  • U.S. v. Morgan, 77-5130
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • November 11, 1977
    ...broad discretion in conducting the voir dire examination, subject to the essential demands of fairness. United States v. Fernandez-Piloto, 5 Cir., 1970, 426 F.2d 892, 893. The record shows that Morgan's attorney did not submit the proposed voir dire questions until after the court had compl......
  • U.S. v. McDowell, 76-1361
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • September 23, 1976
    ...discretion in conducting the voir dire examination, but is subject to the essential demands of fairness. United States v. Fernandez-Piloto, 426 F.2d 892 (5th Cir. 1970). There must be an abuse of that discretion for reversal on appeal. United States v. Hill, 500 F.2d 733 (5th Cir. 1974), ce......
  • United States v. Gassaway
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • March 7, 1972
    ...that the latitude and manner of voir dire examination is within the sound discretion of the district judge, United States v. Fernandez-Piloto, 426 F.2d 892, 893 (5th Cir., 1970); Grogan v. United States, 394 F.2d 287, 291 (5th Cir., 1968), subject to the essential demands of fairness. Aldri......
  • Request a trial to view additional results

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