# McKinley Brown, Etc. v. T. A. Vance, Etc., Mary Jean Boone, Etc., Cross-Appellee v. Walter L. Dennis, Etc., Cross-Appellants

> Court of Appeals for the Fifth Circuit · March 18, 1981 · 637 F.2d 272

URL: https://www.frixlaw.com/law-library/cases/9467387

## Case

- **Full name:** McKinley BROWN, Etc., Plaintiff-Appellant, v. T. A. VANCE, Etc., Et Al., Defendants-Appellees; Mary Jean BOONE, Etc., Plaintiff-Appellant, Cross-Appellee, v. Walter L. DENNIS, Etc., Et Al., Defendants-Appellees, Cross-Appellants
- **Court:** Court of Appeals for the Fifth Circuit
- **Decided:** March 18, 1981
- **Citations:** 637 F.2d 272
- **Precedential status:** Published
- **Opinion:** On rehearing
- **Judges:** Hatchett, Per Curiam, Roney, Wisdom
- **Cited by:** 42 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9467387

## How later opinions describe it (automated extraction)

- 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

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9467387. Public record. Not legal advice.