Albert Johnson v. State of Mississippi

BROWN, Chief Judge,

with whom WISDOM, THORNBERRY, GOLDBERG and AINSWORTH, Circuit Judges, join, dissenting:

I dissent to the Court’s denial of rehearing en banc for two reasons. First, the issue is of recurring transcendent importance. Second, the panel’s decision in my opinion is doubtful if not erroneous.

The question of whether the right of removal, 28 U.S.C.A. § 1443(1), should be denied to those persons seeking redress under 18 U.S.C.A. § 245 is of such moment that it cries out for consideration by the en banc court and should not be disposed of by the panel’s sweeping but wholly…