Opinion · Supreme Court of the United States
Davis v. Board of School Commissioners
96 S. Ct. 1685
- Type
- Opinion
- Court
- Supreme Court of the United States
- Jurisdiction
- Federal
- Date
- 1976-04-19
- Topic
- general
holding that disqualification on the basis of bias or prejudice or lack of impartiality should focus on the party rather than counsel | Section 144 and new section 455 are to be construed in pari materia and same substantive test of bias would be applied. | controversy between lawyer and judge over the propriety of the lawyer’s use of a class action device did not suggest bias against the client | vessel owner negligent when longshoreman slipped and fell on snow allowed to accumulate on deck of ship | the fact that judge was acquainted with witnesses and defense counsel did not require recusal | controversy between lawyer and judge over the propriety of the lawyer’s use of a class action device did not suggest bias against the client | bias-in-fact standard governs all motions to disqualify under sections 144, 455(b)(1) and 455(a) | distinctly non-collaborators with the Soviet Union were the objects of electronic surveillance | distinctly non-collaborators with, the Soviet Union were the objects of electronic surveillance | bias-in-fact standard governs all motions to disqualify under sections 144, 455(b)(1) and 455(a) | also referred to as the “pervasive bias exception” to the extrajudicial source rule | plurality statement, unaccompanied by explanation, that only compensatory damages may be recovered | plurality statement, unaccompanied by explanation, that only compensatory damages may be recovered | questioning the “foreign affairs” exception
Citator
- Cited by
- 121 opinions
C. A. 5th Cir. Certiorari denied.
Mr. Justice Stewart would grant certiorari.