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SPECHT v. PATTERSON

No. 831.

386 U.S. 605 (1967)

SPECHT v. PATTERSON, WARDEN, ET AL.

Supreme Court of United States.

Decided April 11, 1967.

Attorney(s) appearing for the Case

Michael A. Williams, by appointment of the Court, 385 U.S. 997, argued the cause for petitioner. With him on the brief was Hugh A. Burns.

John E. Bush, Assistant Attorney General of Colorado, argued the cause for respondents. With him on the brief were Duke W. Dunbar, Attorney General, Frank E. Hickey, Deputy Attorney General, and John P. Moore, Assistant Attorney General.

MR. JUSTICE DOUGLAS delivered the opinion of the Court.

We held in Williams v. New York, 337 U.S. 241, that the Due Process Clause of the Fourteenth Amendment did not require a judge to have hearings and to give a convicted person an opportunity to participate in those hearings when he came to determine the sentence to be imposed. We said:

"Under the practice of individualizing...

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