Decisions: When Judges Disagree

If four judges read the same record, the odds are that two of them will conclude exactly the opposite of what the other two conclude. Or so it seems from the endless case of Dr. Sam Sheppard, the Ohio osteopath who was convicted ten years ago for the bludgeon-murder of his wife.

Having lost in the Ohio Supreme Court, Life Prisoner Sheppard turned to the federal courts, and last year his trial record came before U.S. District Judge Carl A. Weinman. Ruling only on the question of fair trial rather than guilt or innocence, Judge Weinman concluded last July that...

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