Bell v. Maryland

Last updated
Bell v. Maryland
Seal of the United States Supreme Court.svg
Argued October 14  October 15, 1963
Decided June 22, 1964
Full case nameRobert Mack Bell et at., v. Maryland
Citations378 U.S. 226 ( more )
84 S. Ct. 1814; 12 L. Ed. 2d 822
Case history
Prior227 Md. 302, 176 A.2d 771 (1962) (upholding conviction)
Subsequent236 Md. 356, 204 A.2d 54 (1964) (upholding conviction); 236 Md. 356, rehearing granted and conviction reversed (April 9, 1965).
Holding
The Supreme Court vacated the judgment and remanded to the Court of Appeals of Maryland to allow consideration whether a change in state law should result in dismissal of the convictions.
Court membership
Chief Justice
Earl Warren
Associate Justices
Hugo Black  · William O. Douglas
Tom C. Clark  · John M. Harlan II
William J. Brennan Jr.  · Potter Stewart
Byron White  · Arthur Goldberg
Case opinions
MajorityBrennan, joined by Warren, Clark, Stewart, Goldberg
ConcurrenceDouglas
ConcurrenceGoldberg, joined by Warren, Douglas
DissentBlack, joined by Harlan, White

Bell v. Maryland, 378 U.S. 226 (1964), provided an opportunity for the Supreme Court of the United States to determine whether racial discrimination in the provision of public accommodations by a privately owned restaurant violated the Equal Protection and Due Process Clauses of the 14th Amendment to the United States Constitution. However, due to a supervening change in the state law, the Court vacated the judgment of the Maryland Court of Appeals and remanded the case to allow that court to determine whether the convictions for criminal trespass of twelve African American students should be dismissed. [1]

Contents

Background

In 1960, twelve African American students were part of a group, which conducted a sit-in at Hooper's restaurant in downtown Baltimore, Maryland, where they had been refused service. When they refused to leave, they were arrested, convicted of criminal trespass in the Circuit Court of Baltimore City, and fined $10. They appealed their convictions to the highest court in Maryland, the Court of Appeals, which upheld their conviction. They then appealed to the Supreme Court, which granted certiorari.

Decision

Although the Court had been briefed regarding whether the Equal Protection and Due Process Clauses of the Fourteenth Amendment were applicable to the restaurant, the majority opinion noted that both the City of Baltimore and Maryland had passed laws against racial discrimination by an owner or operator of a place of public accommodation. The state antidiscrimination statute went further and forbade discrimination in public accommodations for sleeping or eating on the basis of race, creed, color, or national origin. The opinion, consistent with the Court's practice when a significant supervening change in law has occurred, vacated the criminal convictions of the students and remanded the case back to the Maryland Court of Appeals to allow it to consider whether the convictions should be dismissed under the current state law. The Court noted that the common law of Maryland held that when the legislature has repealed a criminal statute or otherwise makes conduct that once was a crime legal, a state court would dismiss any pending criminal proceeding charging such conduct. Lastly, the majority opinion noted that Maryland had a savings statute, which preserves criminal convictions and penalties when criminal statutes are amended, reenacted, revised, or repealed unless the legislation implementing the amendment, reenactment, revision, or repeal expressly provided that such convictions or penalties should be reduced or vacated. However, the Court did not believe that the Maryland savings statute would be applicable to the new antidiscrimination statute.

The concurring opinion by Justice Goldberg states that while the majority opinion is correct, if the case were properly before the Court, under the Fourteenth Amendment, the cases should be vacated. The concurring opinion by Justice Douglas would reach the merits of the case and vacate the convictions with direction that the cases be dismissed. The dissenting opinion by Justice Black would affirm the decision of the Maryland Court of Appeals that the Fourteenth Amendment did not apply to the convictions for criminal trespass on private property.

Critical response

Bell v. Maryland was one of five cases involving segregation protests decided on June 22, 1964. The other four cases were Griffin v. Maryland , 378 U.S. 130 (1964), Barr v. City of Columbia , 378 U.S. 146 (1964), Robinson v. Florida , 378 U.S. 153 (1964), and Bouie v. City of Columbia , 378 U.S. 347 (1964). The Supreme Court did not reach the merits of any argument addressing in any of those cases on whether private actions of segregation that were enforced by state courts were a state action violating the Equal Protection Clause of the Fourteenth Amendment. [2] The decisions were announced two days after the United States Senate ended a filibuster and passed the bill that would become the Civil Rights Act of 1964, [2] which outlawed segregation in public accommodations. It has been suggested that the Supreme Court refrained from reaching the merits in those cases in consideration of the Act to avoid eliminating the basis for passing the legislation. [2]

Robert Bell later became Chief Judge on the Court of Appeals of Maryland Robert M. Bell (2008).jpg
Robert Bell later became Chief Judge on the Court of Appeals of Maryland

Subsequent developments

The convictions were vacated by the Court of Appeals of Maryland on April 9, 1965, and the City of Baltimore was directed to pay the cost of the appeal to the Supreme Court of $462.93 to Robert M. Bell, [3] the named defendant in the case. Robert Bell's listing as the named defendant was accidental as his name was alphabetically first among the thirteen arrested students. [4]

The Bell case was remanded by the Supreme Court essentially to determine whether a pending conviction for activity in protest of segregation should be vacated when the segregated activity became proscribed by later state legislation. The Supreme Court later answered this question affirmatively in Hamm v. City of Rock Hill, 379 U.S. 306 (1964), for prosecutions for activities protected by the Civil Rights Act of 1964.

Robert M. Bell later became an attorney and in 1984 was appointed as a judge of the Maryland Court of Appeals, a court that had ruled against him in Bell v. Maryland, and where he became its Chief Judge in 1996. That court's prior Chief Judge was Robert C. Murphy, who when he had been a deputy attorney general attempted to uphold Bell's trespassing conviction for the sit-in and is listed by name on the state's brief to the Supreme Court in the case. [5]

The Maryland State Archives, as a teaching tool, has posted all of the legal papers associated with the case from each of its phases online. [6]

See also

Related Research Articles

Miller v. California, 413 U.S. 15 (1973), was a landmark decision of the U.S. Supreme Court modifying its definition of obscenity from that of "utterly without socially redeeming value" to that which lacks "serious literary, artistic, political, or scientific value". It is now referred to as the three-prong standard or the Miller test.

Bouie v. City of Columbia, 378 U.S. 347 (1964), was a case in which the US Supreme Court held that due process prohibits retroactive application of any judicial construction of a criminal statute that is unexpected and indefensible by reference to the law that has been expressed prior to the conduct in issue. The holding is based on the Fourteenth Amendment prohibition by the Due Process Clause of ex post facto laws.

Wolf v. Colorado, 338 U.S. 25 (1949), was a United States Supreme Court case in which the Court held 6—3 that, while the Fourth Amendment was applicable to the states, the exclusionary rule was not a necessary ingredient of the Fourth Amendment's right against warrantless and unreasonable searches and seizures. In Weeks v. United States, 232 U.S. 383 (1914), the Court held that as a matter of judicial implication the exclusionary rule was enforceable in federal courts but not derived from the explicit requirements of the Fourth Amendment. The Wolf Court decided not to incorporate the exclusionary rule as part of the Fourteenth Amendment in large part because the states which had rejected the Weeks Doctrine had not left the right to privacy without other means of protection. However, because most of the states' rules proved to be ineffective in deterrence, the Court overruled Wolf in Mapp v. Ohio, 367 U.S. 643 (1961). That landmark case made history as the exclusionary rule enforceable against the states through the Due Process clause of the Fourteenth Amendment to the same extent that it applied against the federal government.

Robinson v. California, 370 U.S. 660 (1962), is the first landmark decision of the United States Supreme Court in which the Eighth Amendment of the Constitution was interpreted to prohibit criminalization of particular acts or conduct, as contrasted with prohibiting the use of a particular form of punishment for a crime. In Robinson, the Court struck down a California law that criminalized being addicted to narcotics.

<span class="mw-page-title-main">Robert M. Bell</span> American judge (born 1943)

Robert Mack Bell is an American lawyer and jurist from Baltimore, Maryland. From 1996 to 2013, he served as Chief Judge on the Maryland Court of Appeals, now known as the Supreme Court of Maryland, the state's highest appellate court. He was the first African American to hold the position.

Marsh v. Alabama, 326 U.S. 501 (1946), was a case decided by the US Supreme Court, which ruled that a state trespassing statute could not be used to prevent the distribution of religious materials on a town's sidewalk even though the sidewalk was part of a privately-owned company town. The Court based its ruling on the provisions of the First Amendment and Fourteenth Amendment.

<span class="mw-page-title-main">2005 term per curiam opinions of the Supreme Court of the United States</span>

The Supreme Court of the United States handed down sixteen per curiam opinions during its 2005 term, which lasted from October 3, 2005, until October 1, 2006.

Adderley v. Florida, 385 U.S. 39 (1966), was a United States Supreme Court case regarding whether arrests for protesting in front of a jail were constitutional.

Robinson v. Florida, 378 U.S. 153 (1964), was a case in which the Supreme Court of the United States reversed the convictions of several white and African American persons who were refused service at a restaurant based upon a prior Court decision, holding that a Florida regulation requiring a restaurant that employed or served persons of both races to have separate lavatory rooms resulted in the state becoming entangled in racial discriminatory activity in violation of the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution.

Barr v. City of Columbia, 378 U.S. 146 (1964), is a United States Supreme Court decision that reversed the breach of peace and criminal trespass convictions of five African Americans who were refused service at a lunch counter of a department store. The Court held that there was insufficient evidence to support the breach of peace convictions, and reversed the criminal trespass convictions for the reasons stated in another case that was decided that same day, Bouie v. City of Columbia, which held that the retroactive application of an expanded construction of a criminal statute was barred by due process of ex post facto laws.

Griffin v. Maryland, 378 U.S. 130 (1964), was a case in which the Supreme Court of the United States reversed the convictions of five African Americans who were arrested during a protest of a privately owned amusement park by a park employee who was also a deputy sheriff. The Court found that the convictions violated the Equal Protection Clause of the Fourteenth Amendment.

Griffin v. Illinois, 351 U.S. 12 (1956), was a case in which United States Supreme Court held that a criminal defendant may not be denied the right to appeal by inability to pay for a trial transcript.

Coates v. City of Cincinnati, 402 U.S. 611 (1971), is a United States Supreme Court case in which the Court held that a local city ordinance that made it a criminal offense for three or more persons to assemble on a sidewalk and "annoy" any passersby was unconstitutionally vague. Dennis Coates participated in a protest along with four other unnamed students, all of whom were convicted of violating the city ordinance. Coates appealed to the Ohio Supreme Court, which upheld the conviction. However, this conviction was overturned in the divided United States Supreme Court decision. The Court found that the ordinance was unconstitutionally vague and violated the First Amendment freedom of assembly.

Quantity of Books v. Kansas, 378 U.S. 205 (1964), is an in rem United States Supreme Court decision on First Amendment questions relating to the forfeiture of obscene material. By a 7–2 margin, the Court held that a seizure of the books was unconstitutional, since no hearing had been held on whether the books were obscene, and it reversed a Kansas Supreme Court decision that upheld the seizure.

Marcus v. Search Warrant, 367 U.S. 717 (1961), full title Marcus v. Search Warrant of Property at 104 East Tenth Street, Kansas City, Missouri, is an in rem case decided by the United States Supreme Court on the seizure of obscene materials. The Court unanimously overturned a Missouri Supreme Court decision upholding the forfeiture of hundreds of magazines confiscated from a Kansas City wholesaler. It held that both Missouri's procedures for the seizure of allegedly obscene material and the execution of the warrant itself violated the Fourth and Fourteenth amendments' prohibitions on search and seizure without due process. Those violations, in turn, threatened the rights protected by the First Amendment.

Clay v. Sun Insurance Office, Ltd., 363 U.S. 207 (1960) and 377 U.S. 179 (1964), was a conflict of laws case that was twice heard by the Supreme Court of the United States, with an initial decision remanding the case for further proceedings in 1960, and a final resolution in 1964.

Bell v. Cone, 535 U.S. 685 (2002), was a Supreme Court of the United States case that upheld a death sentence despite the defendant's argument that he should not be sentenced to death because he was suffering from drug-induced psychosis when he committed the crimes. Cone also argued that he was denied effective assistance of counsel because his attorney failed to present sufficient mitigating evidence during the sentencing phase of his trial and that his attorney inappropriately waived his final argument during the sentencing phase. In an 8–1 opinion written by Chief Justice William Rehnquist, the United States Supreme Court denied Cone's petition for a writ of habeas corpus. The Court held that the actions taken by Cone's attorney during the sentencing phase were "tactical decisions" and that the state courts that denied Cone's appeals did not unreasonably apply clearly established law. Justice John Paul Stevens wrote a dissenting opinion in which he argued that Cone was denied effective assistance of counsel because his attorney failed to "subject the prosecution's case to meaningful adversarial testing."

Klopfer v. North Carolina, 386 U.S. 213 (1967), was a decision by the United States Supreme Court involving the application of the Speedy Trial Clause of the United States Constitution in state court proceedings. The Sixth Amendment in the Bill of Rights states that in criminal prosecutions "...the accused shall enjoy the right to a speedy trial" In this case, a defendant was tried for trespassing and the initial jury could not reach a verdict. The prosecutor neither dismissed nor reinstated the case but used an unusual procedure to leave it open, potentially indefinitely. Klopfer argued that this denied him his right to a speedy trial. In deciding in his favor, the Supreme Court incorporated the speedy trial protections of the Sixth Amendment against the states.

Cone v. Bell, 556 U.S. 449 (2009), was a case in which the United States Supreme Court held that a defendant was entitled to a hearing to determine whether prosecutors in his 1982 death penalty trial violated his right to due process by withholding exculpatory evidence. The defendant, Gary Cone, filed a petition for postconviction relief from a 1982 death sentence in which he argued that prosecutors violated his rights to due process under the Fourteenth Amendment by withholding police reports and witness statements that potentially could have shown that his drug addiction affected his behavior. In an opinion written by Justice John Paul Stevens, the Supreme Court held that Cone was entitled to a hearing to determine whether the prosecution's failure to disclose exculpatory evidence violated Cone's right to due process; the Court noted that "the quantity and the quality of the suppressed evidence lends support to Cone’s position at trial that he habitually used excessive amounts of drugs, that his addiction affected his behavior during his crime spree". In 2016, Gary Cone died from natural causes while still sitting on Tennessee's death row.

Peterson v. City of Greenville, 373 U.S., was a United States Supreme Court case that maintained the illegality of race-based segregation in public places. Ten African American student protesters were arrested and convicted in Greenville, South Carolina for attempting to purchase food at an S.H. Kress lunch counter. After the African American students arrived at the restaurant and sat at the lunch counter, the manager abruptly closed the store and instructed the protesters to leave. The manager and police argued that the protesters violated a state trespassing ordinance and were not arrested because of their race. While the Supreme Court of South Carolina maintained the students' guilt, the United States Supreme Court reversed the decision, citing that a "violation of the Fourteenth Amendment cannot be saved by attempting to separate the mental urges of the discriminators."

References

  1. Bell v. Maryland, 378 U.S. 226 (1964).
  2. 1 2 3 Webster, McKenzie. "The Warren Court's Struggle With the Sit-In Cases and the Constitutionality of Segregation in Places of Public Accommodations". Journal of Law and Politics. 17 (Spring 2001): 373–407.
  3. Court of Appeals of Maryland order on rehearing (April 9, 2008)
  4. Reynolds, William L. (2002). "The Legal History of the Great Sit-In Case of Bell v. Maryland". Maryland Law Review. 61: 761–794.
  5. 12 L. Ed.2d 1335-36 (Briefs of Counsel in Bell v. Maryland)
  6. "Desegregation of Maryland's Restaurants: Robert Mack Bell v. Maryland". Teaching American History in Maryland: Documents for the Classroom. Maryland State Archives. Archived from the original on 2008-10-20. Retrieved 2008-05-26.