UNITED STATES v. DIHARCE-ESTRADA

No. 75-2642.

526 F.2d 637 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. Martin DIHARCE-ESTRADA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 29, 1976.


Attorney(s) appearing for the Case

Raymond C. Caballero, El Paso, Tex., for defendant-appellant.

John E. Clark, U.S. Atty., San Antonio, Tex., Frank B. Walker, Ronald F. Ederer, Asst. U.S. Attys., El Paso, Tex., for plaintiff-appellee.

Before COLEMAN, CLARK and INGRAHAM, Circuit Judges.


CLARK, Circuit Judge:

The trial of Martin Diharce-Estrada demonstrates that justice which is too swift may result in a denial of the right to a fair trial. The record of defendant's 5½ hour trial, which began after 7 in the evening and was concluded the next morning, is fraught with error. Hasty rulings combined with prosecutorial misconduct necessitate the exercise of our supervisory power over federal criminal trials to reverse the conviction.

Defendant...

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