Legal Opinion · Dissent

James E. Groppi v. Jack Leslie, Sheriff of Dane County

Court of Appeals for the Seventh Circuit

Decided January 6, 1971No. 18538Published

1DissentKiley, Circuit Judge

I join in Judge STEVENS’ dissent for the reasons he gives.

1 dissent for the further reason that the Assembly Resolution does not state facts sufficient to support its conclusion that Groppi was guilty of disorderly conduct punishable as contempt. The effect upon Groppi of this fatal deficiency was denial of fundamental fairness because he is not informed of what he did in the “immediate view” of the Assembly which amounted to disorderly conduct.

Groppi’s habeas petition does not expressly cast the deficiency in the Resolution as a denial of due process as we have done. His petition alleges…

2Cases cited12 opinions

  1. Russell v. United StatesSupreme Court of the United States · 1962
  2. United States v. CruikshankSupreme Court of the United States · 1876
  3. Ex Parte TerrySupreme Court of the United States · 1888
  4. United States v. CarllSupreme Court of the United States · 1882
  5. Hallinan v. United StatesCourt of Appeals for the Ninth Circuit · 1950

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