Bouie v. City of Columbia

Bouie v. City of Columbia
Argued October 14 – October 15, 1963
Decided June 22, 1964
Full case nameSimon Bouie and Talmadge J. Neal v. City of Columbia
Citations378 U.S. 347 (more)
84 S. Ct. 1697, 12 L. Ed. 2d 894 (1964)
Case history
Prior239 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
Chief Justice
Earl Warren
Associate Justices
Hugo Black · William O. Douglas
Tom C. Clark · John M. Harlan II
William J. Brennan Jr. · Potter Stewart
Byron White · Arthur Goldberg
Case opinions
MajorityBrennan, joined by Warren, Clark, Stewart, Goldberg
ConcurrenceGoldberg, joined by Warren
ConcurrenceDouglas
DissentBlack, 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.

  1. ^ Bouie v. City of Columbia, 378 U.S. 347 (1964).