CHANROBLES VIRTUAL LAW LIBRARY
US LAWS, STATUTES and CODES : Chan Robles Virtual Law Library USA Supreme Court Decisions | Resolutions : Chan Robles Virtual Law Library

ChanRobles™ Virtual Law Library™ | chanrobles.com™   
Main Index Repository of Laws, Statutes and Codes Latest Philippine Supreme Court Decisions Chan Robles Virtual Law Library Latest Legal Updates Philippine Legal Resources Significant Philippine Legal Resources Worldwide Legal Resources Philippine Supreme Court Decisions United States Legal Resources United States Supreme Court Jurisprudence ChanRobles LawTube - Social Network

ChanRobles Internet Bar Review : www.chanroblesbar.com DebtKollect Company, Inc. - Debt Collection Firm Intellectual Property Division - Chan Robles Law Firm

Philippine Supreme Court DecisionsChanRobles On-Line Bar Review

google search for chanrobles.comSearch for www.chanrobles.com


UNGAR V. SARAFITE, 376 U. S. 575 (1964)

Subscribe to Cases that cite 376 U. S. 575 RSS feed for this section

U.S. Supreme Court

Ungar v. Sarafite, 376 U.S. 575 (1964)

Ungar v. Sarafite

No. 167

Argued February 24, 1964

Decided March 30, 1964

376 U.S. 575

Syllabus

An important prosecution witness in a state criminal trial was adjudged guilty of criminal contempt for his conduct as a witness in a post-trial hearing presided over by the judge before whom the contempt occurred at trial. A request for a continuance was denied, and the witness, himself an attorney, did not defend, arguing only that a continuance and a hearing before another judge should be afforded. The judge found the witness' exclamation at trial that he was being "coerced and intimidated and badgered" and that "[t]he Court is suppressing the evidence" to be disruptive contempt of court, and sentenced the witness to 10 days' imprisonment and a fine.

Held:

1. Criticism of the court's rulings and failure to obey court orders do not, on the facts of this case, constitute a personal attack on the trial judge so productive of bias as to require his disqualification in post-trial contempt proceedings. Pp. 376 U. S. 583-585.

2. The court's characterization of the witness' conduct during the trial as contemptuous, disorderly, and malingering was not a constitutionally disqualifying prejudgment of guilt, but, at most, was a declaration of a charge against the witness; nor can judicial bias be inferred from anything else in this record, particularly where nonsummary proceedings were held, dispassionately and decorously, after due notice and opportunity for hearing. Pp. 376 U. S. 586-588.

3. The question of a continuance is traditionally within the trial judge's discretion, and not every denial of a request for more time violates due process, even if the party thereafter offers no evidence or defends without counsel; whether a denial of a continuance is so arbitrary as to violate due process depends on the facts of each case -- here, there was no constitutionally inadequate time to hire counsel and prepare a defense. Pp. 376 U. S. 588-591.

12 N.Y.2d 1013, 1104, 189 N.E.2d 629, 190 N.E.2d 539, appeal dismissed, certiorari granted, affirmed. chanroblesvirtualawlibrary

Page 376 U. S. 576





Back
ChanRobles™ LawTube

google search for chanrobles.com Search for www.chanrobles.com


Supreme Court Decisions Philippine Supreme Court DecisionsUS Supreme Court Decisions



www.chanrobles.us




QUICK SEARCH

cralaw

Browse By ->> Volume


cralaw

Browse By ->> Year


cralaw

  Copyright © ChanRobles Publishing Company | Disclaimer | E-mail Restrictions
ChanRobles™ Virtual Law Library | chanrobles.com™
 
RED