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MARKS v. UNITED STATES

No. 75-708.

430 U.S. 188 (1977)

MARKS ET AL. v. UNITED STATES.

Supreme Court of United States.

Decided March 1, 1977.

Attorney(s) appearing for the Case

Robert Eugene Smith argued the cause for petitioners. With him on the brief were Gilbert H. Deitch and Andrew Dennison.

Solicitor General Bork argued the cause for the United States. With him on the brief were Assistant Attorney General Thornburgh and Jerome M. Feit.

MR. JUSTICE POWELL delivered the opinion of the Court.

This case presents the question, not fully answered in Hamling v. United States, 418 U.S. 87 (1974), whether the standards announced in Miller v. California, 413 U.S. 15 (1973), are to be applied retroactively to the potential detriment of a defendant in a criminal case. We granted...

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