[952] 339 U.S. 9 (1950).
[953] Ibid. 12-13.—Disagreeing, Justice Frankfurter contended that a State is "precluded by the due process clause from executing a man who has temporarily or permanently become insane"; and thus bereft of unlimited discretion as to "how it will ascertain sanity," a State "must afford rudimentary safeguards for establishing [that] fact."—Ibid. 16, 19, 21, 24-25.
[954] In re Oliver, 333 U.S. 257 (1948). On application for habeas corpus, the prisoner's commitment was reviewed by the Michigan appellate court in the light, not of the whole record, but only of fragmentary excerpts showing merely the testimony alleged to be false and evasive.
In a concurring opinion, Justice Rutledge advocated disposing of the case on the ground that the Michigan one-man grand jury system was in its entirety in conflict with the requirements of due process.
On the ground that the Michigan courts had not passed on the constitutionality of the procedure at issue, Justices Frankfurter and Jackson dissented and urged the remanding of the case. See also Gaines v. Washington, 277 U.S. 81, 85 (1928).
[955] 336 U.S. 155 (1949).
[956] Justice Douglas, with Justice Black concurring, dissented on the ground that even if "such elements of misbehavior as expression, manner of speaking, bearing, and attitude * * * [had] a contemptuous flavor. * * * freedom of speech should [not] be so readily sacrificed in a courtroom." Stressing that the trial judge penalized Fisher only for his forbidden comment and not for his behavior, and that it took a ruling of the Texas appellate court to settle the issue whether such comment was improper under Texas practice, Justice Douglas concluded that the record suggests only that "the judge picked a quarrel with this lawyer and used his high position to wreak vengeance." There having been no substantial obstruction of the trial, Justice Murphy believed that the trial judge's use of his power was inconsistent with due process; whereas Justice Rutledge, in dissenting, contended "there can be no due process in trial in the absence of calm judgment and action, untinged with anger, from the bench."—Ibid. 165-166, 167, 169.
[957] Tumey v. Ohio, 273 U.S. 510 (1927). See also Jordan v. Massachusetts, 225 U.S. 167, 176 (1912).
[958] "Unless the costs usually imposed are so small that they may be properly ignored as within the maxim de minimis non curat lex."—See Tumey v. Ohio, 273 U.S. 510, 523, 531 (1927).
[959] Dugan v. Ohio, 277 U.S. 61 (1928).