[3] Irvin's lawyers sought a change of venue for the case to avoid local biases, but they lost; a third of the jury was seated despite statements showing they had prejudged the defendant to be guilty.

[3] Irvin was sentenced to death in January 1956; he soon escaped from jail, leaving a note maintaining his innocence and alleging police misconduct and public prejudging of his case, as well as asking his lawyer to appeal.

[6] Brennan managed to distinguish the Brown case and convinced Stewart to vote with him, bringing about a 5-4 majority for the liberals.

[6] Justice Brennan wrote an opinion holding that Irvin's exhaustion of state remedies did not bar a federal court's granting habeas corpus.

"[10][11] Justice Frankfurter wrote a concurrence on the media and its coverage's way of preventing jurors from delivering impartial verdicts.