Weatherford v. Bursey

LOCATION:Craig’s Residence

DOCKET NO.: 75-1510
DECIDED BY: Burger Court (1975-1981)
LOWER COURT: United States Court of Appeals for the Fourth Circuit

CITATION: 429 US 545 (1977)
ARGUED: Dec 07, 1976
DECIDED: Feb 22, 1977

Mr. Andrew L. Frey – for the United States, as amicus curiae, by special leave of Court
Joseph Crouch Coleman – for petitioners
J. C. Coleman
Laughlin McDonald – for respondent

Facts of the case


Media for Weatherford v. Bursey

Audio Transcription for Oral Argument – December 07, 1976 in Weatherford v. Bursey

Audio Transcription for Opinion Announcement – February 22, 1977 in Weatherford v. Bursey

Byron R. White:

Weatherford against Bursey is the other case that I have.

It comes here from the Court of Appeals for the Fourth Circuit.

It involves the question of whether the constitutional rights of — of the defendant, Bursey in a state criminal jury trial were violated by the post arrest but pretrial activities of an undercover agent of the State — of a state investigative agency.

The undercover agent testified at the trial.

The state courts upheld the conviction and Bursey was — served his — served his sentence.

He then began this — he then began a 1983 action in the Federal District Court.

The Federal District Court held against him in all respects but the Court of Appeals held that the undercover agent’s activities had invaded Bursey’s Sixth and Fourteenth Amendment rights to counsel.

Disagreeing with the Court of Appeals, we reversed and our reasons are given in an opinion on file with the clerk.

Mr. Justice Marshall has filed a dissenting opinion joined by Mr. Justice Brennan.

Warren E. Burger:

Thank you, Mr. Justice White.