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PERSON v. MILLER

No. 86-3882.

854 F.2d 656 (1988)

Bobby L. PERSON, United States of America, Plaintiffs-Appellees, v. Glen F. MILLER, Defendant-Appellant, and Carolina Knights of the Ku Klux Klan, an unincorporated association; Jerry Michael Lewis; Joan Short; Gregory Short; Charles Cox; Gordon Ipock; Stephen Miller; Robert Stoner; Vince Witt; Tommy Driggers; Boyd Maloney; Beauford Ogle; Tony Henricks; Culbert Wilkerson; Sterling Henson; Richard Pounder; Ken Penley; Ricky Nunnery; Tony Sheldon; Jeff Johnston; Jeff Cartrett, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided August 16, 1988.

Rehearing and Rehearing Denied September 13, 1988.

Attorney(s) appearing for the Case

Thomas Ralph Scott (Street, Street, Street, Scott & Bowman, Grundy, Va., on brief), for defendant-appellant.

Irving Gornstein, Dept. of Justice, Civil Rights Div., Washington, D.C. (J. Douglas McCullough, Acting U.S. Atty., Raleigh, N.C., William Bradford Reynolds, Asst. Atty. Gen., David K. Flynn, Dept. of Justice, Washington, D.C., Morris Dees, Southern Poverty Law Center, Montgomery, Ala., on brief), for plaintiffs-appellees.

Before RUSSELL, PHILLIPS and SPROUSE, Circuit Judges.

Rehearing and Rehearing In Banc Denied September 13, 1988.

JAMES DICKSON PHILLIPS, Circuit Judge:

Glen Miller challenges a judgment finding him in contempt of a court order prohibiting him from operating a paramilitary organization and doing certain other acts prohibited by North Carolina law. He raises a number of issues on appeal, principally that there was insufficient evidence to support the finding of contempt; that the court's appointment of counsel...

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