Supreme Court of the United States, 1973

Berry v. City of Cincinnati

Supreme Court of the United States · Decided November 5, 1973 · Per Curiam

414 U.S. 29; 94 S. Ct. 193; 38 L. Ed. 2d 187; 1973 U.S. LEXIS 171; 70 Ohio Op. 2d 81 (United States Reports)

Cases that cite this one

51 later published cases cite this decision. The 24 that cite it most often are listed here.

Hensley v. Ranson (District Court, E.D. Virginia 1974)
Linkous v. Jordan (District Court, W.D. Virginia 1975)
Tommy Potts v. W. J. Estelle, Director, Texas Department of Corrections (5th Cir. 1976)
State v. Francis (Wash. 1975)
City of Monroe v. Fincher (La. 1974)
Disheroon v. State (Tex. Crim. App. 1985)
Empy v. State (Tex. Crim. App. 1978)
Virgil Dale Agee v. Donald Wyrick (8th Cir. 1976)
People v. Holcomb (Mich. 1975)
People v. Hall (Mich. Ct. App. 1975)
Mays v. Harris (District Court, W.D. Virginia 1973)
Simmons v. Kapture (6th Cir. 2008)
Donald Gene Boag v. Chief of Police, City of Portland, and City of Portland, Oregon (9th Cir. 1982)
Whorley v. Commonwealth (Va. 1975)
Don F. Wood v. Superintendent, Carolina Correctional Unit (4th Cir. 1974)
Mosby v. Superintendent, Virginia State Penitentiary (District Court, W.D. Virginia 1974)
Simmons v. Kapture (6th Cir. 2008)
Ronnie Maurice Howard v. United States (11th Cir. 2004)
State v. St. Pierre (La. 1987)
State v. HGG (N.J. Super. Ct. App. Div. 1985)
State v. H.G.G. (N.J. Super. Ct. App. Div. 1985)
Domingo v. New England Fish Co. (9th Cir. 1984)
Robert L. Twyman v. State of Oklahoma and Richard A. Crisp (10th Cir. 1977)
People v. Nelson (Mich. Ct. App. 1977)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

Per Curiam.

Petitioner, who was serving a sentence for a misdemeanor offense when Argersinger v. Hamlin, 407 U. S. 25 (1972), was decided, sought relief in the state courts claiming that because Argersinger should be accorded retroactive effect and because his trial and sentencing were uncounseled, his conviction should be invalidated. The Supreme Court of Ohio refused to apply Argersinger to convictions occurring prior to that decision. City of Cincinnati v. Berry, 34 Ohio St. 2d 106, 296 N. E. 2d 532 (1973). Petitioner was enlarged on bail pending action on his claim and faces reincarceration should the judgment of the Ohio courts remain undisturbed. The motion to proceed in forma pauperis and the petition for certiorari are granted, and the judgment of the Ohio Supreme Court is reversed. Those convicted prior to the decision in Argersinger are entitled to the constitutional rule enunciated in that case, Kitchens v. Smith, 401 U. S. 847 (1971); Williams v. United States, 401 U. S. 646, 653 and n. 6 (1971) (opinion of White, J.); Burgett *30 v. Texas, 389 U. S. 109, 114 (1967); cf. Adams v. Illinois, 405 U. S. 278 (1972), if they allege and prove a bona fide, existing case or controversy sufficient to invoke the jurisdiction of a federal court. Sibron v. New York, 392 U. S. 40, 50-58 (1968); Carafas v. LaVallee, 391 U. S. 234, 237-238 (1968); Ginsberg v. New York, 390 U. S. 629, 633-634, n. 2 (1968).

So ordered.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.