CLJ Brief - Joseph DeMarzio(920775865 Mayberry v...

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Joseph DeMarzio (920775865) Mayberry v. Pennsylvania, 400 U.S. 455 (1971) 1
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Joseph DeMarzio (920775865) FACTS: “ Under the facts of this case, a defendant in a state criminal contempt proceeding who vilified the judge during the course of the defendant's trial in the state court and was sentenced by that judge to 11 to 22 years for the contempt, was entitled under the Due Process Clause of the Fourteenth Amendment to a public trial before another judge.” Mr. Justice Douglas delivered the opinion on the Court. Concurring with Mr. Justice Douglas was Mr. Chief Justice Burger, Justice Brennan, Stewart, White, Marshall, and Blackmun. “BURGER, C. J., post, P. 466 and HARLAN, J., post, p. 469, filed concurring opinions. BLACK, J., filed a separate statement, post, p. 466.” The Court ordered Curtis Reitz to argue the cause and he filed a brief for the petitioner. “Carol Mary Los argued the cause for respondent, pro hac vice. With her on the brief was Robert W. Duggan.” “Petitioner and two codefendants were tried in a state court for prison breach and holding hostages in a penal institution. While they had appointed counsel as advisers, they represented themselves. The trial ended with a jury verdict of guilty of both charges on the 21st day, which was a Friday. The defendants were brought in for sentencing on
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