Bouie v. City of Columbia | |
---|---|
Argued October 14 – October 15, 1963 Decided June 22, 1964 | |
Full case name | Simon Bouie and Talmadge J. Neal v. City of Columbia |
Citations | 378 U.S. 347 (more) 84 S. Ct. 1697, 12 L. Ed. 2d 894 (1964) |
Case history | |
Prior | 239 S.C. 570, 124 S.E.2d 332 (1962), upholding conviction for trespass |
Holding | |
The State Supreme Court gave retroactive application to its new construction of the statute, which deprived petitioners of their right to fair warning of a criminal prohibition and violated the Due Process Clause of the Fourteenth Amendment. | |
Court membership | |
| |
Case opinions | |
Majority | Brennan, joined by Warren, Clark, Stewart, Goldberg |
Concurrence | Goldberg, joined by Warren |
Concurrence | Douglas |
Dissent | Black, joined by Harlan, White |
Laws applied | |
U.S. Const. amend. XIV |
Bouie v. City of Columbia, 378 U.S. 347 (1964), was a case in which the US Supreme Court held that due process prohibits retroactive application of any judicial construction of a criminal statute that is unexpected and indefensible by reference to the law that has been expressed prior to the conduct in issue.[1] The holding is based on the Fourteenth Amendment prohibition by the Due Process Clause of ex post facto laws.