Mayberry v. Pennsylvania

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. Pp. 462-466.

434 Pa. 478, 255 A. 2d 131, vacated and remanded.

DOUGLAS, J., delivered the opinion of the Court, in which BURGER, C.J., and BRENNAN, STEWART, WHITE, MARSHALL, and BLACKMUN, JJ., joined. BURGER, C.J., post, p. 466, and HARLAN, J., post, p. 469, filed concurring opinions. BLACK, J., filed a separate statement, post, p. 466.

Curtis R. Reitz, by appointment of the Court, 398 U.S. 902, argued the cause and filed a brief for petitioner.

Carol Mary Los argued the cause for respondent, pro hac vice. With him on the brief was Robert W. Duggan.