recognizing that an accused has a right to an unbiased magistrate or judge with or - 27 - without a jury and with or without the right to appeal and a trial de novo before a jury
How later courts described this case
- recognizing that an accused has a right to an unbiased magistrate or judge with or - 27 - without a jury and with or without the right to appeal and a trial de novo before a jury
- holding fee system compensating justice court judge for convictions violated "possible temptation" Tumey standard
- “... law enforcement officers have an interest in the outcome of criminal cases in which they participate. Arresting officers naturally seek convictions”
- certifying defendant class of all Mississippi justices of the peace
Written by the judges who cited it.
The opinion
ON REHEARING AND REHEARING EN BANC
PER CURIAM:
The petition for Rehearing is DENIED and no member of this panel nor Judge of this Administrative Unit in regular active service having requested that the Court be polled on rehearing en banc (Rule 35, Federal Rules of Appellate Procedure; Local *287 Fifth Circuit Rule 16; Fifth Circuit Judicial Council Resolution of January 14,1981), the suggestion for Rehearing En Banc is DENIED.
Except as to the cases now before this Court, consolidated under the number 78-3225, the Court’s judgment and rulings rendered January 30, 1981, shall operate prospectively from and after the date the mandate shall issue.
The issuance of the mandate is stayed until April 10,1981.