UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
LARRY FLYNT, DEFENDANT-APPELLANT
UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
LARRY FLYNT, DEFENDANT-APPELLANT
764 F.2d 675
United States Court of Appeals for the Ninth Circuit (1985)
Positive Treatment
Cited by 43 cases
Opinion of the Court
The opinion in this case, filed March 28, 1985, 756 F. 2d 1352, is hereby amended. The second paragraph of footnote 13 shall be deleted and replaced with the following paragraph:
In addition, we note that had proper procedures been followed, the plenary adjudication of Flynt’s contempt charges would have taken place before another judge since Flynt’s remarks constituted highly personal derogatory attacks leveled at Judge Real. Where plenary adjudication is appropriate, and where the alleged contempt has in it the element of personal attack, due process ordinarily requires that the defendant be tried before a judge other than the one reviled by the contemnor. See Mayberry v. Pennsylvania, 400 U.S. 455, 466 [91 S.Ct. 499, 505, 27 L.Ed.2d 532] (1971); Taylor v. Hayes, 418 U.S. at 501 [94 S.Ct. 2697 at 2704, 41 L.Ed.2d 897]; cf. Fed.R.Crim.P. 42(b).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (22 total)
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In re Matter of Stephen Yagman v. Baden, 796 F.2d 1165 (9th Cir. 1986)
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United States v. Studley, 783 F.2d 934 (9th Cir. 1986)
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United States v. Burl Allen Peveto, Jr., 881 F.2d 844 (10th Cir. 1989)
Previewing 3 of 22 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Mayberry v. Pennsylvania, 400 U.S. 455 (U.S. 1971)
- Taylor v. Hayes, 418 U.S. 488 (U.S. 1974)
- United States v. Flynt, 756 F.2d 1352 (9th Cir. 1985)