Nature of the Case
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Facts
Garrison (D) and nine others were indicted for conspiracy to obstruct state or local law enforcement. It was alleged that D received protection bribe money for the operation of illegal gambling businesses. The case was allotted to the Honorable Lansing L. Mitchell. Judge Mitchell thereupon recused himself because 'this case is one which involves parties with whom the Judge was formerly associated in the practice of law . . . .' On reallotment, the case fell to Judge Christenberry. D was arraigned and entered a plea of not guilty and was given 60 days within which to file special pleadings. D moved to recuse the judge in the case based on his prior dealings with the judge in another case in which the judge attacked D and D in response issued a press release attacking and denouncing the court and its findings in the prior case (Shaw v. Garrison).
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