Swindler v. Lockhart

Background

The case involves a man convicted of killing a police officer, retried and sentenced to death after his first conviction was reversed. The first trial was in Sebastian County; the retrial took place in nearby Scott County (Waldron), about 45 miles from Fort Smith where the killing occurred. During jury selection most potential jurors knew of the earlier trial and verdict; 98 of 120 venirepersons said they believed the defendant was guilty. The trial judge denied multiple requests for a change of venue and refused to strike several jurors for cause, citing an Arkansas law that bars a second move of venue.

Reasoning

Justice Marshall (joined by Justice Brennan) argued the central question was whether an absolute state rule that prevents a second change of venue can stop a court from protecting a defendant’s right to a jury free of prejudice. He said a defendant’s right to a fundamentally fair trial outweighs the State’s interest in holding the trial locally. Because the trial court relied on the Arkansas statute §16‑88‑207, Marshall wrote, the court could not properly assess or cure prejudice, and that procedural rule therefore raised a serious due process problem. The lower federal courts had upheld the conviction and refused relief.

Real world impact

Because the Supreme Court denied review, the conviction and death sentence remain in place and the Arkansas venue rule stands for now. The decision affects defendants in high‑publicity criminal cases who face local rules that limit venue changes. It leaves unresolved whether and when absolute venue rules violate basic fairness, a question that could still reach the Court in another case.

Dissents or concurrances

Marshall also said he would have granted review and, separately, would vacate the death sentence because he believed capital punishment is always cruel and unusual punishment.