Kunstler v. Galligan

168 A.D.2d 146 (1991)

From our private database of 46,100+ case briefs, written and edited by humans—never with AI.

Kunstler v. Galligan

New York Supreme Court, Appellate Division
168 A.D.2d 146 (1991)

  • Written by Rose VanHofwegen, JD

Facts

Famed civil rights attorney William M. Kunstler asked the court to vacate his criminal client’s conviction because a juror read media accounts of the trial and told other jurors about them. After the clerk called the case and the attorneys entered their appearances, the judge told Kunstler that his motion was denied without hearing or argument. Kunstler declared the court’s action outrageous and challenged the decision to rule without an evidentiary hearing despite law calling for one. The judge reiterated that he would not hear argument and directed the clerk to call the next case. Kunstler responded, “You have exhibited what your partisanship is. You shouldn’t be sitting in court. You are a disgrace to the bench.” The judge held Kunstler in contempt. Kunstler continued to argue, outraged. The judge responded he was giving Kunstler an opportunity to be heard. Kunstler continued on, stating that “every case in the world” requires a hearing to determine whether outside influences affected a juror, and that the judge was “violating every standard of fair play.” The judge again stated he was holding Kunstler in contempt and fined him $250 or 30 days in jail. The judge later entered written decisions denying Kunstler’s motion and detailing the reasons for the contempt order. Kunstler filed a petition to annul the contempt charge, arguing that his conduct did not justify a contempt finding and that he had no opportunity to be heard before the judge imposed punishment.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

Dissent (Wallach, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 748,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 748,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,100 briefs, keyed to 987 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 748,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,100 briefs - keyed to 987 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership