v. City of New York 8212 6425, No. 71

CourtUnited States Supreme Court
Writing for the CourtPER CURIAM
Citation32 L.Ed.2d 659,407 U.S. 203,92 S.Ct. 1951
Decision Date12 June 1972
Docket NumberNo. 71
PartiesIvan V. v. CITY OF NEW YORK. —6425

407 U.S. 203
92 S.Ct. 1951
32 L.Ed.2d 659
Ivan V.

v.

CITY OF NEW YORK.

No. 71—6425.
Decided June 12, 1972.

PER CURIAM.

The Court held in In re Winship, 397 U.S. 358, 90 S.Ct. 1068, 25 L.Ed.2d 368, decided March 31, 1970, that proof beyond a reasonable doubt is among the essentials of due process and fair treatment that must be afforded at the adjudicatory stage when a juvenile is charged with an act that would constitute a crime if committed by an adult. In this case, on January 6, 1970, before Winship was decided, petitioner was adjudged a delinquent in the Family Court of Bronx County, New York, on a finding, based on the preponderance-of-evidence standard, that, at knifepoint, he forcibly took a bicycle from another boy, an act that, if done by an adult, would constitute the crime of robbery in the first degree. On direct appeal, the Appellate Division, First Department, reversed on the ground that Winship should be retroactively applied to all cases still in the appellate process, 35 A.D.2d 806, 316 N.Y.S.2d 568 (1970). The New York Court of Appeals reversed the Appellate Division, holding that Winship was not to be applied retroactively, V. v. City of New York, 29 N.Y.2d 583, 324 N.Y.S.2d 313,

Page 204

272 N.E.2d 895 (1971).* On remand, the Appellate Division thereupon affirmed the delinquency adjudication, 37 A.D.2d 822, 324 N.Y.S.2d 934 (1971), and the Court of Appeals denied leave to appeal from that affirmance, 29 N.Y.2d 489, 328 N.Y.S.2d 1026, 278 N.E.2d 655 (1972). We disagree with the holding of the Court of Appeals that Winship is not to be applied retroactively.

'Where the major purpose of new constitutional doctrine is to overcome an aspect of the criminal trial that substantially impairs its truth-finding function and so raises serious questions about the accuracy of guilty verdicts in past trials, the new rule has been given complete retroactive effect. Neither good-faith reliance by state or federal authorities on prior constitutional law or accepted practice, nor severe impact on the administration of justice has sufficed to require prospective application in these circumstances.' Williams v. United States, 401 U.S. 646, 653, 91 S.Ct. 1148, 1152, 28 L.Ed.2d 388 (1971). See Adams v. Illinois, 405 U.S. 278, 280, 92 S.Ct. 916, 918, 31 L.Ed.2d 202 (1972); Roberts v. Russell, 392 U.S. 293, 295, 88 S.Ct. 1921, 1922, 20 L.Ed.2d 1100 (1968).

Winship expressly held that the reasonable-doubt standard 'is a prime instrument...

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187 practice notes
  • Jackson v. Fogg, No. 77 Civ. 3284 (VLB).
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • August 25, 1978
    ...See Hankerson v. North Carolina, 432 U.S. 233, 97 S.Ct. 2339, 2343, 53 L.Ed.2d 306 (1977) (No. 75-6568); Ivan V. v. City of New York, 407 U.S. 203, 204-05, 92 S.Ct. 1951, 32 L.Ed.2d 659 (1972); Williams v. United States, 401 U.S. 646, 653, 91 S.Ct. 1148, 28 L.Ed.2d 388 There being no bar to......
  • Andrews v. Morris, Nos. 18230
    • United States
    • Utah Supreme Court
    • November 16, 1983
    ...(1977); Gosa v. Mayden, 413 U.S. 665, 679 [93 S.Ct. 2926, 2935, 37 L.Ed.2d 873] (1973) (plurality opinion); Ivan V. v. City of New York, 407 U.S. 203, 205 [92 S.Ct. 1951, 1952, 32 L.Ed.2d 659] At the other extreme, the Court has applied some standards only to future cases, denying the benef......
  • State v. Smart, No. S-12493.
    • United States
    • Supreme Court of Alaska (US)
    • February 27, 2009
    ...25 L.Ed.2d 368 (1970)). 111. Winship, 397 U.S. at 364, 90 S.Ct. 1068. 112. Id. at 363-64, 90 S.Ct. 1068. 113. Ivan V. v. City of New York, 407 U.S. 203, 205, 92 S.Ct. 1951, 32 L.Ed.2d 659 114. Winship, 397 U.S. at 359 n. 1, 90 S.Ct. 1068. 115. See United States v. Sanchez-Cervantes, 282 F.3......
  • Com. v. Oliver
    • United States
    • Superior Court of Pennsylvania
    • October 6, 1977
    ...The Court has recently re-affirmed this principle: . . . we have never deviated from the rule stated in Ivan (v. City of New York, 407 U.S. 203, 204, 92 S.Ct. 1951, 32 L.Ed.2d 659 (1973),) that " '(w) here the major purpose of new constitutional doctrine is to overcome an aspect of the......
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187 cases
  • Jackson v. Fogg, No. 77 Civ. 3284 (VLB).
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • August 25, 1978
    ...See Hankerson v. North Carolina, 432 U.S. 233, 97 S.Ct. 2339, 2343, 53 L.Ed.2d 306 (1977) (No. 75-6568); Ivan V. v. City of New York, 407 U.S. 203, 204-05, 92 S.Ct. 1951, 32 L.Ed.2d 659 (1972); Williams v. United States, 401 U.S. 646, 653, 91 S.Ct. 1148, 28 L.Ed.2d 388 There being no bar to......
  • Andrews v. Morris, Nos. 18230
    • United States
    • Utah Supreme Court
    • November 16, 1983
    ...(1977); Gosa v. Mayden, 413 U.S. 665, 679 [93 S.Ct. 2926, 2935, 37 L.Ed.2d 873] (1973) (plurality opinion); Ivan V. v. City of New York, 407 U.S. 203, 205 [92 S.Ct. 1951, 1952, 32 L.Ed.2d 659] At the other extreme, the Court has applied some standards only to future cases, denying the benef......
  • State v. Smart, No. S-12493.
    • United States
    • Supreme Court of Alaska (US)
    • February 27, 2009
    ...25 L.Ed.2d 368 (1970)). 111. Winship, 397 U.S. at 364, 90 S.Ct. 1068. 112. Id. at 363-64, 90 S.Ct. 1068. 113. Ivan V. v. City of New York, 407 U.S. 203, 205, 92 S.Ct. 1951, 32 L.Ed.2d 659 114. Winship, 397 U.S. at 359 n. 1, 90 S.Ct. 1068. 115. See United States v. Sanchez-Cervantes, 282 F.3......
  • Com. v. Oliver
    • United States
    • Superior Court of Pennsylvania
    • October 6, 1977
    ...The Court has recently re-affirmed this principle: . . . we have never deviated from the rule stated in Ivan (v. City of New York, 407 U.S. 203, 204, 92 S.Ct. 1951, 32 L.Ed.2d 659 (1973),) that " '(w) here the major purpose of new constitutional doctrine is to overcome an aspect of the......
  • Request a trial to view additional results

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