(Download) "Porter D. White v. Dorothy Hegerhorst and" by United States Court of Appeals for the Ninth Circuit # Book PDF Kindle ePub Free
eBook details
- Title: Porter D. White v. Dorothy Hegerhorst and
- Author : United States Court of Appeals for the Ninth Circuit
- Release Date : January 24, 1969
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
Porter D. White, appellant herein, was convicted of violations of state narcotics statutes after a jury trial in a California
state court in May of 1966. His conviction was affirmed on appeal and relief has been denied. In March, 1968, appellant filed
the instant action in the United States District Court for the Northern District of California, alleging in conclusory terms
a conspiracy to violate his constitutional rights to a fair and impartial trial and denial of liberty without due process
of law in contravention of various civil rights laws. The complaint centers around the fact that appellee Dorothy Hegerhorst
was a juror in appellant's criminal trial and her brother-in-law Emmet Hegerhorst was court bailiff in the same case. It was
further alleged that appellee Emmet Hegerhorst and the deputy district attorney and the deputy public defender representing
appellant in the criminal trial entered the jury room during deliberations, thereby denying appellant his right to a fair
and impartial trial. Appellant sought several million dollars actual and punitive damages. Defendant Emmet Hegerhorst filed
a written motion to dismiss or for summary judgment. On the hearing of that motion before the district judge a deputy city
attorney stated in open court that he was representing all defendants. 1 The district judge dismissed the action with prejudice
as to the juror Dorothy Hegerhorst and without prejudice as to Emmet Hegerhorst, the bailiff. The district judge stated at
the time of the hearing of this motion that he felt that Dorothy Hegerhorst as a juror was immune under the circumstances. Appellant filed a timely appeal in this court from the order dismissing with prejudice the action against the juror Dorothy
Hegerhorst.