Gagnon v. Scarpelli
411 U.S. 778 · Decided May 14, 1973 · Supreme Court of the United States
At a glance
Gagnon v. Scarpelli was decided on May 14, 1973 by a vote of 8–1. The Court affirmed the lower court's decision in part, reversed or vacated it in part, and remanded the case. Justice Lewis F. Powell Jr. wrote the opinion of the Court. SCDB classifies its main issue as “Right to counsel” in the Criminal Procedure area. SCDB records that the Court declared a state or territorial law, regulation or constitutional provision unconstitutional.
Read the opinion
Case details
- Citations
- 411 U.S. 778 · 93 S. Ct. 1756 · 36 L. Ed. 2d 656 · 1973 U.S. LEXIS 70
- Docket number
- 71-1225
- Decided
- May 14, 1973
- Argued
- January 9, 1973
- Court era
- Burger Court
- Decision type
- Opinion of the Court (orally argued)
- Disposition
- Affirmed and reversed (or vacated) in part and remanded
- Outcome for petitioner
- The petitioning party received a favorable disposition
- Vote
- 8–1
- Majority opinion
- Lewis F. Powell Jr.
- Opinion assigned by
- Warren E. Burger
- How the case arrived
- Certiorari
- Issue (SCDB)
- Right to counsel
- Issue area
- Criminal Procedure
- Legal provision
- Sixth Amendment (right to counsel)
- Type of law
- Constitutional amendment
- Held unconstitutional
- A state or territorial law, regulation or constitutional provision
- Decision direction (SCDB)
- Conservative what this means
How the Justices voted
| Justice | Vote | Separate writing |
|---|---|---|
| Justice William O. Douglas | Dissent | Wrote an opinion |
| 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 | |
| Justice Harry A. Blackmun | Majority | |
| Justice Lewis F. Powell Jr. | Majority | Wrote an opinion |
| Justice William H. Rehnquist | Majority |
Full case caption
Gagnon, Warden v. Scarpelli
SCDB identifiers: case 1972-117, docket 1972-117-01.
Related decisions
Other cases on “Right to counsel”
- Milton v. Wainwright
- Argersinger v. Hamlin
- United States v. Tucker
- Faretta v. California
- Herring v. New YorkLaw held unconstitutional
- Middendorf v. Henry
Cases on the same legal provision: Sixth Amendment (right to counsel)
- United States v. Ash
- Kirby v. Illinois
- McConnell v. Rhay
- Arsenault v. Massachusetts
- Moore v. Illinois
- Holloway v. Arkansas
Same Term, same area (Criminal Procedure)
- Murch v. Mottram
- Webb v. Texas
- Cool v. United States
- Neil v. Biggers
- Swenson v. Stidham
- One Lot Emerald Cut Stones and One Ring v. United States
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