Murphy v. Florida (No. 74-5116) ___
Syllabus	Opinion [ Marshall ]	Concurrence [ Burger ]	Dissent [ Brennan ]
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BURGER, C.J., Concurring Opinion

SUPREME COURT OF THE UNITED STATES

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421 U.S. 794

Murphy v. Florida

CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

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No. 74-5116 Argued: April 15, 1975 --- Decided: June 16, 1975

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MR. CHIEF JUSTICE BURGER, concurring in the judgment.

I agree with MR. JUSTICE BRENNAN that the trial judge was woefully remiss in failing to insulate prospective jurors from the bizarre media coverage of this case [p804] and in not taking steps to prevent pretrial discussion of the case among them. Although I would not hesitate to reverse petitioner's conviction in the exercise of our supervisory powers were this a federal case, I agree with the Court that the circumstances of petitioner's trial did not rise to the level of a violation of the Due Process Clause of the Fourteenth Amendment.