Smith v. Crouse

Supreme Court of the United States

June 22, 1964

Supreme Court of the United States · decided June 22, 1964

Relies on Douglas v. People of State of California · Smith v. Crouse · Pea v. United States

Good law ✅— No negative treatment on recordhow we know

Reversed · 8–1 · Opinion by Per Curiam · Decided June 22, 1964

How this case has been cited

Cited by 186 later decisions (2 by the Supreme Court) — most recently October 2006 · most notably 62 Cal. 2d 368 - In Re Lopez (1965), 4 Cal. 3d 389 - People v. Mutch (1971)

105 federal appellate · 11 district · 42 state decisions — followed in 15 states

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Sidney Smith, pro se.

William M. Ferguson, Atty. Gen. of Kansas, and J. richard Foth, Asst. Atty. Gen., for respondent.

On Petition for Writ of Certiorari to the Supreme Court of Kansas.

PER CURIAM.

¶1

The motion for leave to proceed in forma pauperis and the petition for writ of certiorari are granted. The judgment is reversed. Douglas v. California, 372 U.S. 353, 83 S.Ct. 814, 9 L.Ed.2d 811.

¶2

Mr. Justice HARLAN, dissenting.

¶3

In my opinion the question whether Douglas v. California, 372 U.S. 353, 83 S.Ct. 814, 9 L.Ed.2d 811, should be given retroactive application is deserving of plenary consideration. Cf. my dissenting opinion, LaVallee v. Durocher, 84 S.Ct. 1921.