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WEATHERFORD v. BURSEY

No. 75-1510.

429 U.S. 545 (1977)

WEATHERFORD, AGENT OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, ET AL. v. BURSEY.

Supreme Court of United States.

Decided February 22, 1977.

Attorney(s) appearing for the Case

J. C. Coleman, Deputy Attorney General of South Carolina, argued the cause for petitioners. With him on the brief were Daniel R. McLeod, Attorney General, and A. Camden Lewis and John L. Choate, Assistant Attorneys General.

Laughlin McDonald argued the cause for respondent. With him on the brief were Neil Bradley, Herbert E. Buhl III, Ray P. McClain, Melvin L. Wulf, and John H. F. Shattuck.

Deputy Solicitor General Frey argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Bork, Assistant Attorney General Thornburgh, and Marc Philip Richman.

MR. JUSTICE WHITE delivered the opinion of the Court.

The issue here is whether in the circumstances present in this case the conduct of an undercover agent for a state law enforcement agency deprived respondent Bursey of his right to the effective assistance of counsel guaranteed him by the Sixth and Fourteenth Amendments of the United States Constitution or deprived him of due process of law in violation of the Fourteenth Amendment.

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