Rivera v. Minnich

Rivera v. Minnich
Supreme Court of the United States
Decided June 25, 1987
Full case name	Rivera v. Minnich
Citations	483 U.S. 574 ( more )
Holding
The standard of proof in a paternity action need not be higher than the preponderance of the evidence.
Court membership
Chief Justice William Rehnquist Associate Justices William J. Brennan Jr.  · Byron White Thurgood Marshall  · Harry Blackmun Lewis F. Powell Jr.  · John P. Stevens Sandra Day O'Connor  · Antonin Scalia
Case opinions
Majority	Stevens
Concurrence	O'Connor
Dissent	Brennan

Rivera v. Minnich, 483 U.S. 574(1987), was a United States Supreme Court case in which the court held that the standard of proof in a paternity action need not be higher than the preponderance of the evidence. ^{[1] [2]}

Background

Minnich, an unmarried mother, filed a child support suit in a Pennsylvania court against Rivera, alleging that he was the child's father. The judge denied Rivera's pretrial motion seeking a ruling that the Due Process Clause of the Fourteenth Amendment was violated by a state statute providing that the burden of proving paternity "shall be by a preponderance of the evidence," and requesting a jury instruction that paternity must be established by clear and convincing evidence. Applying the preponderance standard, the jury found that appellant was the father, but the judge later reconsidered his ruling on the burden of proof issue and granted Rivera's motion for a new trial. The Pennsylvania Supreme Court held that the statute was constitutional, and it reinstated the jury's verdict. ^[1]

Opinion of the court

The Supreme Court issued an opinion on June 25, 1987. ^[1]

References

1. Rivera v. Minnich, 483 U.S. 574 (1987).
2. Krause, Harry D.; Meyer, David D. (2003). Family law in a Nutshell (4th ed.). St. Paul, MN: Thomson/West. p. 110.

External links

• Text of Rivera v. Minnich, 483 U.S. 574(1987) is available from: Justia

This article incorporates written opinion of a United States federal court. As a work of the U.S. federal government, the text is in the public domain .