Berger v. California
393 U.S. 314 · Decided January 13, 1969 · Supreme Court of the United States
Record summary. This page is generated from the Supreme Court Database’s coded data about the case. It describes who decided what, not the Court’s reasoning. Read the opinion itself before relying on it. Not legal advice.
At a glance
Berger v. California was decided on January 13, 1969 unanimously (9–0). The Court vacated the lower court's decision and remanded the case. The decision was issued per curiam (an unsigned opinion of the Court). SCDB classifies its main issue as “Retroactivity of new rights” in the Criminal Procedure area.
Read the opinion
Case details
- Citations
- 393 U.S. 314 · 89 S. Ct. 540 · 21 L. Ed. 2d 508 · 1969 U.S. LEXIS 2857
- Docket number
- 221 M
- Decided
- January 13, 1969
- Court era
- Warren Court
- Decision type
- Per curiam (no oral argument)
- Disposition
- Vacated and remanded
- Outcome for petitioner
- The petitioning party received a favorable disposition
- Vote
- 9–0 (unanimous)
- Opinion assigned by
- Earl Warren
- How the case arrived
- Certiorari
- Issue (SCDB)
- Retroactivity of new rights
- Issue area
- Criminal Procedure
- Legal provision
- Sixth Amendment (right to confront and cross-examine, compulsory process)
- Type of law
- Constitutional amendment
- Decision direction (SCDB)
- Liberal what this means
How the Justices voted
| Justice | Vote | Separate writing |
|---|---|---|
| Justice Hugo L. Black | Majority | |
| Justice William O. Douglas | Majority | |
| Chief Justice Earl Warren | Majority | |
| Justice John M. Harlan II | Majority | |
| Justice William J. Brennan Jr. | Majority | |
| Justice Potter Stewart | Majority | |
| Justice Byron R. White | Majority | |
| Justice Abe Fortas | Majority | |
| Justice Thurgood Marshall | Majority |
Full case caption
Berger v. California
SCDB identifiers: case 1968-028, docket 1968-028-01.
Related decisions
Other cases on “Retroactivity of new rights”
- Desist v. United States
- Kaiser v. New York
- Fuller v. Alaska
- McConnell v. Rhay
- Arsenault v. Massachusetts
- Halliday v. United States
Cases on the same legal provision: Sixth Amendment (right to confront and cross-examine, compulsory process)
- Bruton v. United StatesAltered precedent
- Barber v. Page
- Smith v. Illinois
- Illinois v. Allen
- California v. Green
- Washington v. TexasLaw held unconstitutional
Same Term, same area (Criminal Procedure)
- McConnell v. Rhay
- Arsenault v. Massachusetts
- International Terminal Operating Co., Inc. v. Nv Nederl. Amerik Stoomv Maats
- Fuller v. Alaska
- Smith v. Yeager
- Recznik v. City of Lorain
Source: Supreme Court Database, 2026 Release 01 (data file dated September 8, 2026). Imported into CaseTrail November 5, 2026. Coverage: decisions from the 1946 through 2025 Terms. Methodology · Report an error