United States v. Gouveia
Supreme Court of the United States
Argued March 20, 1984
Decided May 29, 1984
Full case nameUnited States v. William Gouveia, et al.
Citations467 U.S. 180 (more)
104 S. Ct. 2292; 81 L. Ed. 2d 146; 1984 U.S. LEXIS 91; 52 U.S.L.W. 4659
Case history
PriorCert. to the United States Court of Appeals for the Ninth Circuit
Holding
Respondents were not constitutionally entitled to the appointment of counsel while they were in administrative segregation and before any adversary judicial proceedings had been initiated against them.
Court membership
Chief Justice
Warren E. Burger
Associate Justices
William J. Brennan Jr. · Byron White
Thurgood Marshall · Harry Blackmun
Lewis F. Powell Jr. · William Rehnquist
John P. Stevens · Sandra Day O'Connor
Case opinions
MajorityRehnquist, joined by Burger, White, Blackmun, Powell, O'Connor
ConcurrenceStevens, joined by Brennan
DissentMarshall
Laws applied
U.S. Const. amend. VI

United States v. Gouveia, 467 U.S. 180 (1984), was a case in which the United States Supreme Court held that prisoners in administrative segregation pending the investigation of crimes committed within the prison had no Sixth Amendment entitlement to counsel prior to the initiation of adversary judicial proceedings against them.[1] In an opinion written by Justice William Rehnquist, the Court stated that the right to counsel may extend to "'critical' pretrial proceedings" that are adversarial in nature, but the Sixth Amendment right to counsel "attaches at the initiation of adversary judicial criminal proceedings".[2]

See also

References

  1. ↑ United States v. Gouveia, 467 U.S. 180, 189 (1984).
  2. ↑ Gouveia, 467 U.S. at 189-90 (noting that "[o]ur speedy trial cases hold that that Sixth Amendment right may attach before an indictment and as early as the time of 'arrest and holding to answer a criminal charge ....'").
  • Text of United States v. Gouveia, 467 U.S. 180 (1984), is available from: Findlaw 


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