LINKLETTER – Appellant
Versus
WALKER, (1965) – Respondent
LINKLETTER v. WALKER, (1965)
No. 95
Argued: March 11, 1965 Decided: June 7, 1965
Petitioner was convicted of burglary by a Louisiana court and his conviction was affirmed by the highest state court. Thereafter, in Mapp v. Ohio,
- (a) The effect of a subsequent ruling of invalidity on prior final judgments when collaterally attacked is not automatic retroactive invalidity but depends upon a consideration of particular relations and conduct, or rights claimed to have become vested, of status, of prior determinations deemed to have finality, and of public policy in the light of the nature of the statute and its previous application. Chicot Drainage Dist. v. Baxter State Bank,
- (b) No distinction is drawn between civil and criminal litigation. P. 627.
- (c) The Constitution neither prohibits nor requires retroactive effect and in each case the Court determines whether retroactive or prospective application is appropriate. This approach is particularly correct with reference to the unreasonable search and seizure proscription of the Fourth Amendment. P. 629.
- (d) The primary purpose of Mapp v. Ohio was the enforcement of the Fourth Amendment through the inclusion of the exclusionary rule within its rights, and this purpose would not be advanced by making the rule retroactive. Pp. 636-637.
- (e) Other areas in which rules have been applied retrospectively concerned the fairness of the trial, which is not under attack here. P. 639. [381 U.S. 618, 619]
- (f) The date of the seizure in Mapp (which preceded that here) is of no legal significance; the crucial date is the date of the Mapp judgment which changed the rule. P. 639.
Euel A. Screws, Jr., argued the cause for petitioner. With him on the brief was Truman Hobbs.
Teddy W. Airhart, Jr., Assistant Attorney General of Louisiana, argued the cause for respondent. With him on the brief was Jack P. F. Gremillion, Attorney General.
H. Richard Uviller argued the cause for the National District Attorneys Association, as amicus curiae, urging affirmance. With him on the brief was Michael Juviler. Louis J. Lefkowitz, Attorney General of New York, Samuel A. Hirshowitz, First Assistant Attorney General, Barry Mahoney and Thomas F. OHare, Jr., Assistant Attorneys General, H. Richard Uviller and Michael Juviler filed a supplementary memorandum on behalf of the National District Attorneys Association, as amicus curiae.
MR. JUSTICE CLARK delivered the opinion of the Court.
In Mapp v. Ohio,
The petitioner was convicted in a Louisiana District Court on May 28, 1959, of "simple burglary." At the time of his arrest he had been under surveillance f