Herring v. New York
422 U.S. 853 · Decided June 30, 1975 · Supreme Court of the United States
At a glance
Herring v. New York was decided on June 30, 1975 by a vote of 6–3. The Court vacated the lower court's decision and remanded the case. Justice Potter Stewart 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
- 422 U.S. 853 · 95 S. Ct. 2550 · 45 L. Ed. 2d 593 · 1975 U.S. LEXIS 84
- Docket number
- 73-6587
- Decided
- June 30, 1975
- Argued
- February 26, 1975
- Court era
- Burger Court
- Decision type
- Opinion of the Court (orally argued)
- Disposition
- Vacated and remanded
- Outcome for petitioner
- The petitioning party received a favorable disposition
- Vote
- 6–3
- Majority opinion
- Potter Stewart
- Opinion assigned by
- William O. Douglas
- How the case arrived
- Appeal
- 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)
- Liberal what this means
How the Justices voted
| Justice | Vote | Separate writing |
|---|---|---|
| Justice William O. Douglas | Majority | |
| Justice William J. Brennan Jr. | Majority | |
| Justice Potter Stewart | Majority | Wrote an opinion |
| Justice Byron R. White | Majority | |
| Justice Thurgood Marshall | Majority | |
| Chief Justice Warren E. Burger | Dissent | |
| Justice Harry A. Blackmun | Dissent | |
| Justice Lewis F. Powell Jr. | Majority | |
| Justice William H. Rehnquist | Dissent | Wrote an opinion |
Full case caption
Herring v. New York
SCDB identifiers: case 1974-149, docket 1974-149-01.
Related decisions
Other cases on “Right to counsel”
- Faretta v. California
- Middendorf v. Henry
- Geders v. United States
- Weatherford v. Bursey
- Brewer v. Williams
- Gagnon v. ScarpelliLaw held unconstitutional
Cases on the same legal provision: Sixth Amendment (right to counsel)
- United States v. Ash
- Moore v. Illinois
- Holloway v. Arkansas
- Kirby v. Illinois
- McConnell v. Rhay
- Arsenault v. Massachusetts
Same Term, same area (Criminal Procedure)
- Ring v. United States
- Francisco v. Gathright
- Maness v. Meyers
- Test v. United States
- Daniel v. Louisiana
- Gerstein v. Pugh
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