SPRUELL v. JARVIS

No. 79-3881.

654 F.2d 1090 (1981)

Billy L. SPRUELL, Petitioner-Appellant, v. Patrick JARVIS, Sheriff of Dekalb County Georgia, and Randall Peek, District Attorney, Stone Mountain Judicial Circuit, DeKalb County, Georgia, Respondents-Appellees.

United States Court of Appeals, Fifth Circuit. Unit B

September 4, 1981.


Attorney(s) appearing for the Case

William V. Hall, Jr., Decatur, Ga., for petitioner-appellant.

William R. Ritchie, Asst. Dist. Atty., Decatur, Ga., for respondents-appellees.

Before MORGAN, ANDERSON and THOMAS A. CLARK, Circuit Judges.


THOMAS A. CLARK, Circuit Judge:

Attorney Billy L. Spruell appeals from the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition which challenged on federal constitutional grounds the petitioner's 1978 conviction for contempt in a Georgia state trial court. Having concluded that under the circumstances of this case the petitioner was entitled to a hearing before a judge other than the trial judge who held the petitioner in contempt, we reverse...

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