James V. United States (1961) - Concurrences and Dissents

Concurrences and Dissents

Justice Whittaker, joined by Justice Black and Justice Douglas, wrote an opinion concurring in the dismissal of the indictment against James, but dissenting from the overruling of Wilcox. Justice Black raised a Federalism argument, arguing that this ruling constituted a preemption of state criminal jurisdiction.

Justice Harlan, joined by Justice Frankfurter, wrote an opinion concurring with the overruling of Wilcox, but contending that James should have been set for a new trial, rather than set free of criminal liability. Justice Clark wrote a brief concurrence, also agreeing with the overruling of Wilcox, but stating that James' conviction should also have been upheld.