Tumey v. Ohio
| Tumey v. Ohio | |
|---|---|
 | |
| Argued November 29–30, 1926 Decided March 7, 1927 | |
| Full case name | Tumey v. State of Ohio |
| Citations | 273 U.S. 510 (more) 47 S. Ct. 437; 71 L. Ed. 749; 1927 U.S. LEXIS 708 |
| Case history | |
| Prior | Petition in error dismissed, Tumey v. State, 115 Ohio St. 701, 155 N.E. 698 (1926). |
| Court membership | |
| |
| Case opinion | |
| Majority | Taft, joined by a unanimous court |
| Laws applied | |
| U.S. Const. amend. XIV | |
Tumey v. Ohio, 273 U.S. 510 (1927), is a US Supreme Court case, concerning the due process of judicial disqualification.[1] The court struck down an Ohio law that financially rewarded public officials for successfully prosecuting cases related to Prohibition.[2][3] The court's decision in this case continues to provide precedent today in many cases involving judicial impartiality.[4]
Background
[edit]The mayor of the village of North College Hill, Ohio received $12 for every defendant convicted before him. Ed Tumey was convicted before the mayor of unlawfully possessing intoxicating liquor.
Opinion of the Court
[edit]The court held that Tumey's conviction violated the Fourteenth Amendment, reasoning that it "deprives a defendant in a criminal case of due process of law to subject his liberty or property to the judgment of a court, the judge of which has a direct, personal, substantial pecuniary interest in reaching a conclusion against him in his case."[5]
See also
[edit]References
[edit]- ^ Tumey v. Ohio, 273 U.S. 510 (1927).
This article incorporates public domain material from this U.S government document.
- ^ Blount, Jim, "U. S. Supreme Court decision stopped crusading village mayors Archived 2007-10-26 at the Wayback Machine," Journal-News, February 12, 2003. Retrieved on 3/30/2008.
- ^ "Tumey v. Ohio," Ohio History Central, July 1, 2005. Retrieved on 3/9/2008.
- ^ Layman, James, "Judicial Campaign Speech Regulation: Integrity or Incentives?," Georgetown University Law Center, Summer 2006.
- ^ Tumey, 273 U.S. at 523.
- Kastenberg, Joshua E., Chief Justice William Howard Taft's Conception of Judicial Integrity: The Legal History of Tumey v. Ohio (2017). Cleveland State Law Review. Available at SSRN: https://ssrn.com/abstract=2959072
External links
[edit]- Text of Tumey v. Ohio, 273 U.S. 510 (1927) is available from: Cornell CourtListener Findlaw Google Scholar Justia Library of Congress
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