LAVALLEE, WARDEN, ET AL.
v.
DUROCHER ET AL.

U.S. | 1964-06-22
No. 1109
377 U.S. 998 Supreme Court of the United States (1964) Positive Treatment
Cited by 22 cases
Dissent
Mr. Justice Harlan,

Mr. Justice Harlan,

dissenting.

I believe that the issue in this case has an importance which justifies departure from my usual practice of not noting a dissent to a denial of certiorari with which I do not agree. The issue is whether this Court’s holding in Gideon v. Wainwright, 372 U. S. 335, is required to be given retroactive effect. That question-, which is of continuing concern in the administration of criminal justice in a substantial number of States, deserves plenary consideration by this Court, which it has not yet had. See my dissenting opinion in Pickelsimer v. Wainwright, 375 U. S. 2, 3.

I would grant certiorari and set the case for argument.

Cases With Similar Vibessemantic neighbors from the corpus

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Cited By (22 total)

  • Pate v. Holman, 341 F.2d 764 (5th Cir. 1965)
    …versed a state court conviction where the accused had failed to request counsel when pleading guilty; Doughty was convicted two years before Gideon’s 1961 conviction. United States ex rel. Durocher v. LaValle, 2 Cir. 1964, 330 F. 2d 303, cert. den’d 377 U.S. 998, 84 S.Ct. 1921, 12 L.Ed.2d 1048, relying on Doughty v. Maxwell, applied Gideon where a defendant pleaded guilty without being apprised of his right to counsel.13 This Court has applied Mapp prospectively, and distinguished it from Griffin where the…
  • Smith v. Crouse, 378 U.S. 584 (U.S. 1964)
    …Mr. Justice Harlan, dissenting. In my opinion the question whether Douglas v. California, 372 U. S. 353, should be given retroactive application is deserving of plenary consideration. Cf. my dissenting opinion in LaVallee v. Durocher, 377 U. S. 998.…
  • Harvey v. State OF Miss., 340 F.2d 263 (5th Cir. 1965)
    …to advise a defendant of his right to counsel will invalidate a plea of guilty even in the absence of a showing of prejudice” in both state and federal cases. United States ex rel. Durocher v. LaVallee, 2 Cir. 1964, 330 F. 2d 303, 308, cert. denied, 377 U.S. 998, 84 S.Ct. 1921, 12 L.Ed.2d 1048. It is true that the cases which support appellant’s argument all involved felony convictions, but their rationale does not seem to depend on the often purely formal distinction between felonies and misdemeanors. One…

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