Johnson v. Mississippi

United States Supreme Court

403 U.S. 212

Johnson  v.  Mississippi

Certiorari to the Supreme Court of Mississippi

No. 5485.  Argued: April 21, 1971 --- Decided: June 7, 1971

In a charge of criminal contempt against petitioner which arose from petitioner's alleged violation of courtroom procedure during an earlier criminal trial where it is not clear from the record that the judge was personally aware of the contemptuous action when it occurred, petitioner should be provided a fair hearing with an opportunity to show that the version of the event related to the judge was inaccurate, misleading, or incomplete. And where a motion that trial judge recuse himself was supported by lawyers' affidavits that the judge had revealed deep prejudice against civil rights workers, and the judge was a losing defendant in a civil rights suit brought by petitioner, he should have recused himself from trying the charge.

233 So. 2d 116, reversed and remanded.

Stephen W. Porter argued the cause for petitioner. With him on the brief was Richard B. Ruge.

G. Garland Lyell, Jr., Assistant Attorney General of Mississippi, argued the cause for respondent. With him on the brief was A.F. Summer, Attorney General.

PER CURIAM.

Notes