Bouie v. City of Columbia

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
Chief Justice Earl Warren Associate Justices Hugo Black · William O. Douglas Tom C. Clark · John M. Harlan II William J. Brennan Jr. · Potter Stewart Byron White · Arthur Goldberg
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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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.^[1] The holding is based on the Fourteenth Amendment prohibition by the Due Process Clause of ex post facto laws.