The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Argument: Tuesday, October 14, 1986
Decision: Tuesday, January 13, 1987
Issues: Criminal Procedure, Retroactivity

Advocates

J. Vincent Aprile, II (Argued the cause for the petitioner in Griffith v. Kentucky)
William C. Bryson (Argued the cause for the United States)
Fred Haddad (Argued the cause for the petitioner in Brown v. United States)
Paul W. Richwalsky, Jr. (Argued the cause for the respondent in Griffith v. Kentucky)

Facts of the Case

This case concerned the retrospective application of judge-made rules. Specifically, the Court had to decide whether a prosecutor's use of peremptory challenges to exclude black jurors, combined with his call to the jury clerk, violated the black petitioner's right to an impartial jury. The Court was called upon to decide whether the previous decision in Batson v. Kentucky was applicable to pending litigation but not final when Batson was decided. This case was decided together with Brown v. United States.

Question

Could retroactive Supreme Court decisions be applied selectively to cases pending direct review or not yet final?

Conclusion

The Court held that after a new rule had been decided in a particular case, "the integrity of judicial review requires that we apply that rule to all similar cases pending on direct review." The Court reasoned that selective application of new rules violated the principle of treating similarly situated defendants on an equal basis. The Court also refused to make an exception to the rule of retroactivity in cases where there was a "clean break" with past precedent.

Supreme Court Justice Opinions and Votes (by Ideology)

Sort by Seniority
(More information here)
Decision: 6 votes for Griffith, 3 vote(s) against
Legal Provision: retroactive application of a constitutional right
Voted with the majority
Marshall
Voted with the majority
Brennan
Wrote the majority opinion
Blackmun
Voted with the majority
Stevens
Wrote a regular concurrence
Powell
Wrote a dissent
White
Voted with the minority, joined White's dissent
O'Connor
Voted with the majority
Scalia
Wrote a dissent, joined White's dissent
Rehnquist
Full Opinion by Justice Harry A. Blackmun

Cite this page

The Oyez Project, Griffith v. Kentucky, 479 U.S. 314 (1987),
available at: <http://www.oyez.org/cases/1980-1989/1986/1986_85_5221/>
(last visited ).