Moore v. Dempsey

Maldine Bailey

In the 1923 case of Moore v. Dempsey , the U.S. Supreme Court case held that where public opinion overwhelmed the trial process, such as when an agitated lynch mob waited for a verdict on the grounds of the courthouse, the trial was void. Additionally, even though the state appellate court dismissed the habeas corpus petition, an inadequate corrective measure, it would not prevent federal habeas corpus review from determining whether federal constitutional rights had been violated. This holding was a landmark decision that affected the interpretation of the Fourteenth Amendment's requirement of due process on the state and federal levels, as well as the right to federal habeas corpus review. This entry reviews the facts of the case and the activities and critical role of the National Association for the Advancement of Colored People (NAACP) leading up to the Supreme Court decision. On the night of September 30, 1919, ...

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