Bouie v. City of Columbia
Bouie v. City of Columbia, 378 U.S. 347 (1964), was a case in which the US Supreme Court held that due process prohibits retroactive application of any judicial construction of a criminal statute that is unexpected and indefensible by reference to the law that has been expressed prior to the conduct in issue. The holding is based on the Fourteenth Amendment prohibition by the Due Process Clause of ex post facto laws.
| Bouie v. City of Columbia | |
|---|---|
Supreme Court of the United States | |
| Argued October 14 – October 15, 1963 Decided June 22, 1964 | |
| Full case name | Simon Bouie and Talmadge J. Neal v. City of Columbia |
| Citations | 378 U.S. 347 (more) 84 S. Ct. 1697, 12 L. Ed. 2d 894 (1964) |
| Case history | |
| Prior | 239 S.C. 570, 124 S.E.2d 332 (1962), upholding conviction for trespass |
| Holding | |
| The State Supreme Court gave retroactive application to its new construction of the statute, which deprived petitioners of their right to fair warning of a criminal prohibition and violated the Due Process Clause of the Fourteenth Amendment. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Brennan, joined by Warren, Clark, Stewart, Goldberg |
| Concurrence | Goldberg, joined by Warren |
| Concurrence | Douglas |
| Dissent | Black, joined by Harlan, White |
| Laws applied | |
| U.S. Const. amend. XIV | |
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