Johnson v. Mississippi, 403 U.S. 212 (1971)

Johnson v. Mississippi


No. 5485


Argued April 21, 1971
Decided June 7, 1971
403 U.S. 212

CERTIORARI TO THE SUPREME COURT OF MISSISSIPPI

Syllabus

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.