LOCATION:The White House
DOCKET NO.: 73-473
DECIDED BY: Burger Court (1972-1975)
LOWER COURT: Kentucky Supreme Court
CITATION: 418 US 488 (1974)
ARGUED: Mar 18, 1974
DECIDED: Jun 26, 1974
Henry A. Triplett – for respondent
Robert Allen Sedler – for petitioner
Media for Taylor v. Hayes
Audio Transcription for Opinion Announcement – June 26, 1974 in Taylor v. Hayes
Warren E. Burger:
The disposition of three cases; 73-5615, Codispoti against Pennsylvania; 73-473, Taylor against Hayes; and 73-679, Wolff against McDonnell will each be announced by Mr. Justice White.
Byron R. White:
I should deal with Taylor against Hayes first, number 73-473.
This case involves a judgment of contempt entered against the defense attorney.
The judgment being entered as the conclusion of the criminal file, and granting the attorney guilty of several acts of contempt, occurring during the trial.
We reverse that judgment.
As explained in the opinion we have filed, it is our view that the hearing afforded the attorney did not satisfy the requirements of due process.
Furthermore, based on our reading of this record, the trial judge of a criminal trial should have recused himself and permitted another judge conduct the post trial contempt proceeding.
I have filed an opinion for the Court in which the Chief Justice and Justices Brennan, Stewart, Blackmun and Powell have joined.
Mr. Justice Douglas and Mr. Justice Marshall have joined parts 2 and 3 of the opinion.
Mr. Justice Marshall has filed an opinion dissenting from part 1; Mr. Justice Rehnquist has filed a dissenting opinion.