Morford v. United States/Opinion of the Court

In this case the trial court did not permit counsel for petitioner to interrogate prospective government employee jurors upon voir dire examination with specific reference to the possible influence of the 'Loyalty Order,' Executive Order No. 9835, 5 U.S.C.A. § 631 note, on their ability to render a just and impartial verdict. Such questioning was permitted in Dennis v. United States, 339 U.S. 162, 70 S.Ct. 519; see n. 4 of the Court's opinion, Id., 339 U.S. 170-171, 70 S.Ct. 522.

We said in Dennis that 'Preservation of the opportunity to prove actual bias is a guarantee of a defendant's right to an impartial jury.' Id., 339 U.S. 171-172, 70 S.Ct. 523. Since that opportunity was denied in this case, the petition for writ of certiorari is granted and the judgment of the Court of Appeals is reversed.

Mr. Justice BLACK and Mr. Justice FRANKFURTER concur in the reversal for the reasons expressed in their opinions in Dennis v. United States, 339 U.S. 162, 70 S.Ct. 519.