This section contains the nature of the case and procedural background.

Six murders were committed in the vicinity of Evansville, Indiana. The crimes aroused great excitement and indignation throughout Vanderburgh County and adjoining Gibson County, a rural county of approximately 30,000 inhabitants. D was arrested, and police officials issued press releases which were intensively publicized, stating that the petitioner had confessed to the six murders. Counsel appointed to defend D immediately sought a change of venue from Vanderburgh County, which was granted, but to adjoining Gibson County. Counsel sought another change of venue, from Gibson County to a county sufficiently removed from the Evansville locality that a fair trial would not be prejudiced. The motion was denied. During the course of the voir dire examination D filed two more motions for a change of venue and eight motions for continuances. All were denied. D was convicted and sentenced to death. He then filed habeas petitions which were also denied. The Supreme Court granted certiorari.

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