RESPONDENT: North Carolina
LOCATION: United States Department of Health, Education, and Welfare
DOCKET NO.: 75-6568
DECIDED BY: Burger Court (1975-1981)
LOWER COURT: North Carolina Supreme Court
CITATION: 432 US 233 (1977)
ARGUED: Feb 23, 1977
DECIDED: Jun 17, 1977
Charles M. Hensey - for the respondent
Lawrence G. Diedrick - for the petitioner
Facts of the case
Media for Hankerson v. North CarolinaAudio Transcription for Oral Argument - February 23, 1977 in Hankerson v. North Carolina
Audio Transcription for Opinion Announcement - June 17, 1977 in Hankerson v. North Carolina
Byron R. White:
The Hankerson case is here from the state courts in North Carolina.
It also relates to Mullaney against Wilbur.
The North Carolina court held that that decision was not retroactive and did not apply to cases that had been decided or -- or held that it -- it was not retroactive and did not apply to cases that have been decided prior to our decision in that case.
We reversed in our view under our prior cases even if retroactivity, Mullaney against Wilbur, is indeed retroactive.
Mr. Justice Blackmun while joining the opinions of the Court has filed a concurring opinion, the Chief Justice has joined him.
Mr. Justice Marshall and Mr. Justice Powell have each filed opinions concurring in the judgment.
Mr. Justice Rehnquist took no part in the consideration and decision of the case.
Warren E. Burger:
Thank you Mr. Justice White.