McKEIVER v. PENNSYLVANIA

No. 322.

403 U.S. 528 (1971)

McKEIVER ET AL. v. PENNSYLVANIA.

Supreme Court of United States.

Decided June 21, 1971


Attorney(s) appearing for the Case

Damel E. Farmer argued the cause for appellants in No. 322. With him on the brief were John S. Roberts, Jr., Peter W. Brown, Harvey N. Schmidt, and James O. Freedman.

Michael Meltsner argued the cause for petitioners in No. 128. With him on the briefs were Jack Greenberg, Julius L. Chambers, James E. Ferguson II, and Anthony Amsterdam.

Arlen Specter argued the cause for appellee in No. 322. With him on the brief was James D. Crawford.

Robert Morgan, Attorney General, argued the cause for respondent, the State of North Carolina, in No. 128. With him on the brief were Ralph Moody, Deputy Attorney General, and Andrew A. Vanore, Jr., Assistant Attorney General.

Alfred L. Scanlan argued the cause for the National Council of Juvenile Court Judges as amicus curiae urging affirmance in No. 128. With him on the brief was Martin J. Flynn.

Briefs of amici curiae in No. 128 were filed by John J. Droney for the Commonwealth of Massachusetts; by Thomas C. Lynch, Attorney General, Albert W. Harris, Jr., Assistant Attorney General, and Derald E. Granberg and Gloria F. DeHart, Deputy Attorneys General, for the State of California; and by Norman Lefstein for the Public Defender Service for the District of Columbia et al.


MR. JUSTICE BLACKMUN announced the judgments of the Court and an opinion in which THE CHIEF JUSTICE, MR. JUSTICE STEWART, and MR. JUSTICE WHITE join.

These cases present the narrow but precise issue whether the Due Process Clause of the Fourteenth Amendment assures the right to trial by jury in the adjudicative phase of a state juvenile court delinquency proceeding.

I

The issue arises understandably, for...

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