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.