Debacker v. Brainard
396 U.S. 28 · Decided November 12, 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
Debacker v. Brainard was decided on November 12, 1969 by a vote of 6–2. SCDB codes the disposition as “petition denied or appeal dismissed.” 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
- 396 U.S. 28 · 90 S. Ct. 163 · 24 L. Ed. 2d 148 · 1969 U.S. LEXIS 437
- Docket number
- 15
- Decided
- November 12, 1969
- Argued
- October 13, 1969
- Court era
- Burger Court
- Decision type
- Per curiam (orally argued)
- Disposition
- Petition denied or appeal dismissed
- Outcome for petitioner
- The petitioning party did not receive a favorable disposition
- Vote
- 6–2
- Opinion assigned by
- Warren E. Burger
- How the case arrived
- Appeal
- Issue (SCDB)
- Retroactivity of new rights
- Issue area
- Criminal Procedure
- Legal provision
- Retroactive application of a constitutional right
- Type of law
- Other
- Decision direction (SCDB)
- Conservative what this means
How the Justices voted
| Justice | Vote | Separate writing |
|---|---|---|
| Justice Hugo L. Black | Dissent | Wrote an opinion |
| Justice William O. Douglas | Dissent | Wrote an opinion |
| Justice John M. Harlan II | Majority | |
| Justice William J. Brennan Jr. | Majority | |
| Justice Potter Stewart | Majority | |
| Justice Byron R. White | Majority | |
| Justice Thurgood Marshall | Majority | |
| Chief Justice Warren E. Burger | Majority |
Full case caption
Debacker v. Brainard, Sheriff
SCDB identifiers: case 1969-003, docket 1969-003-01.
Related decisions
Other cases on “Retroactivity of new rights”
- Jenkins v. Delaware
- Halliday v. United States
- Desist v. United States
- Kaiser v. New York
- Berger v. California
- Fuller v. Alaska
Cases on the same legal provision: Retroactive application of a constitutional right
Same Term, same area (Criminal Procedure)
- United States v. Knox
- Minor v. United States
- Morales v. New York
- Molinaro v. New Jersey
- Sigler v. Parker
- Ross v. Bernhard
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