Davis v. Alaska
415 U.S. 308 · No. 72-5794 · 1973 term · Burger Court
Decided Feb 27, 1974 · argued Dec 12, 1973
Criminal procedure · Confrontation
Struck down a state law
Majority opinion: Warren Burger
The voteMajorityDissent
7–27 in the majority, 2 in dissent
2 dissents (7–2)
Reversed and remanded. Davis won.
What this ruling means
Reversed and remanded: the Supreme Court overturned the decision of the Alaska Supreme Court and sent the case back to that court for further proceedings that follow the Supreme Court’s ruling.
Davis was the petitioner, the side that asked the Supreme Court to review the case. “Won” means the Court gave that side the result it asked for.
From the Supreme Court Database. A justice who agreed with the result but not the reasoning counts in the majority.
Summary
The opening of the case’s Wikipedia article: what the case was about and what the Court held.
Wikipedia has no article on this case, so there is no summary.
Data notes
The text is Wikipedia’s (CC BY-SA 4.0), matched to the case by its citation, docket number or name and year, and is not checked against the opinion. The site keeps the article’s opening section, ending on its last full sentence. The one-sentence summary under the title is the Decisions list’s: Wikipedia’s own ruling sentence, or, tagged “AI-written”, one Claude wrote from this opening.
How the justices voted
Each justice who took part, placed by their Martin–Quinn ideology score for the 1973 term. Filled: the 7 in the majority. Hollow: the 2 in dissent. Colour is the party of the president who appointed them.
Majority(7)
Warren BurgerWrote the majority opinion
Potter StewartWrote a concurrence
William DouglasJoined the majority
William BrennanJoined the majority
Thurgood MarshallJoined the majority
Lewis PowellJoined the majority
Harry BlackmunJoined the majority
Dissent(2)
Byron WhiteWrote a dissent
William RehnquistJoined a dissent
Data notes
Each justice’s vote and what they wrote are from the justice-centered file of the Supreme Court Database. “Wrote a concurrence” means the justice sided with the majority and wrote separately; a justice who dissented in part is counted on the side they took overall. A justice who wrote nothing is listed as joining their side.
Positions are each justice’s Martin–Quinn score for the case’s term, the same scores as the Ideology page: negative is more liberal, positive more conservative. A score sums up a justice’s votes across the whole term, so it says where they usually sit, not why they voted as they did here. The median line is the Court’s median justice that term.
The parties
Who brought the case to the Court, who answered it, and how it got there.
- Petitioner
- DavisPerson accused, indicted, or suspected of crime
- Respondent
- AlaskaState (Alaska)
- Reached the Court by
- Certiorari (the Court chose to hear it)
Data notes
The names are the two sides of the case’s title. The description under each is the Supreme Court Database’s category for that party, in its own wording. The petitioner is the side that asked the Supreme Court to review the decision below. “Why it was taken” appears only when the majority opinion says lower courts disagreed or were unsure about the question; reasons that would fit any case (“to resolve the question presented”, “an important question”) are left out.
The law at issue
The law the Court was asked to apply, and the kind of power it used to decide.
- Provision
- Sixth Amendment (right to confront and cross-examine, compulsory process)
- Kind of law
- Constitutional Amendment
- Decided by
- Judicial review (state level)
- Struck down
- A state law, as unconstitutional
Data notes
The Supreme Court Database codes the main constitutional provision, statute or court rule each case turned on, and the basis of the decision: judicial review of a federal or state law, interpreting a statute, supervising the lower courts, and so on. A case can rest on more than one. “Overruled” counts only where the majority opinion says so.
Timeline
What happened at the Court and how the case got there, newest first.
- Feb 27, 1974DecidedDecided · Decided 7–2: reversed and remanded. Davis won.
- Dec 12, 1973ArguedArgued · Oral argument before the Court.
- Not datedTaken upTaken up · The Supreme Court agreed to hear the case (certiorari).
- Not datedCourt belowCourt below · Decided by the Alaska Supreme Court: affirmed.
- Not datedBeganBegan · The case began in the Alaska trial court.
Data notes
From the Supreme Court Database: the court the case began in, the court whose decision the Supreme Court reviewed and what that court did, how the case came to the Court, and the dates of argument and decision. The database does not date the steps in the lower courts. Court names are the database’s.
Other decisions on the same issue
51 other argued cases since 1946 on confrontation, newest first.
- Smith v. Arizona144 S. Ct. 1785Jun 21, 2024 · 144 S. Ct. 1785Criminal procedure9–0Unanimous band
- Samia v. United States599 U.S. 635Jun 23, 2023 · 599 U.S. 635Criminal procedure6–36–3 band
- Hemphill v. New York142 S. Ct. 681Jan 20, 2022 · 142 S. Ct. 681Criminal procedure8–18–1 band
- Ohio v. Clark576 U.S. 237Jun 18, 2015 · 576 U.S. 237Criminal procedure9–0Unanimous band
- Williams v. Illinois567 U.S. 50Jun 18, 2012 · 567 U.S. 50Criminal procedure5–45–4 band
- Donald Bullcoming, Petitioner v. New Mexico564 U.S. 647Jun 23, 2011 · 564 U.S. 647Criminal procedure5–45–4 band
- Michigan, Petitioner v. Richard Perry Bryant562 U.S. 344Feb 28, 2011 · 562 U.S. 344Criminal procedure6–27–2 band
- Mark A. Briscoe and Sheldon A. Cypress v. Virginia559 U.S. 32Jan 25, 2010 · 559 U.S. 32Criminal procedure9–0Unanimous band
- Luis E. Melendez-Diaz v. Massachusetts557 U.S. 305Jun 25, 2009 · 557 U.S. 305Criminal procedure5–45–4 band
- Giles v. California554 U.S. 353Jun 25, 2008 · 554 U.S. 353Criminal procedure6–36–3 band
- Adrian Martell Davis v. Washington547 U.S. 813Jun 19, 2006 · 547 U.S. 813Criminal procedure9–0Unanimous band
- Michael D. Crawford v. WashingtonLandmark · Other areas541 U.S. 36Mar 8, 2004 · 541 U.S. 36Criminal procedureLandmark · Other areas9–0Unanimous band
- Benjamin Lee Lilly v. Virginia527 U.S. 116Jun 10, 1999 · 527 U.S. 116Criminal procedure9–0Unanimous band
- United States v. Edward G. Scheffer523 U.S. 303Mar 31, 1998 · 523 U.S. 303Criminal procedure8–18–1 band
- Kevin D. Gray v. Maryland523 U.S. 185Mar 9, 1998 · 523 U.S. 185Criminal procedure5–45–4 band
- Randall D. White v. Illinois502 U.S. 346Jan 15, 1992 · 502 U.S. 346Criminal procedure9–0Unanimous band
- Michigan v. Nolan K. Lucas500 U.S. 145May 20, 1991 · 500 U.S. 145Criminal procedure7–27–2 band
- Maryland v. Craig497 U.S. 836Jun 27, 1990 · 497 U.S. 836Criminal procedure5–45–4 band
- Idaho v. Wright497 U.S. 805Jun 27, 1990 · 497 U.S. 805Criminal procedure5–45–4 band
- Coy v. Iowa487 U.S. 1012Jun 29, 1988 · 487 U.S. 1012Criminal procedure6–27–2 band
- United States v. Owens484 U.S. 554Feb 23, 1988 · 484 U.S. 554Criminal procedure6–27–2 band
- Taylor v. Illinois484 U.S. 400Jan 25, 1988 · 484 U.S. 400Criminal procedure5–36–3 band
- Rock v. Arkansas483 U.S. 44Jun 22, 1987 · 483 U.S. 44Criminal procedure5–45–4 band
- Kentucky v. Stincer482 U.S. 730Jun 19, 1987 · 482 U.S. 730Criminal procedure6–36–3 band
- Richardson, Warden v. Marsh481 U.S. 200Apr 21, 1987 · 481 U.S. 200Criminal procedure6–36–3 band
- Cruz v. New York481 U.S. 186Apr 21, 1987 · 481 U.S. 186Criminal procedure5–45–4 band
- New Mexico v. Earnest477 U.S. 648Jun 27, 1986 · 477 U.S. 648Criminal procedure9–0Unanimous band
- Lee v. Illinois476 U.S. 530Jun 3, 1986 · 476 U.S. 530Criminal procedure5–45–4 band
- Delaware v. Van Arsdall475 U.S. 673Apr 7, 1986 · 475 U.S. 673Criminal procedure7–27–2 band
- United States v. Inadi475 U.S. 387Mar 10, 1986 · 475 U.S. 387Criminal procedure7–27–2 band
- Tennessee v. Street471 U.S. 409May 13, 1985 · 471 U.S. 409Criminal procedure8–0Unanimous band
- United States v. Valenzuela-Bernal458 U.S. 858Jul 2, 1982 · 458 U.S. 858Criminal procedure7–27–2 band
- Ohio v. Roberts448 U.S. 56Jun 25, 1980 · 448 U.S. 56Criminal procedure6–36–3 band
- Parker v. Randolph et al.442 U.S. 62May 29, 1979 · 442 U.S. 62Criminal procedure5–36–3 band
- Tacon v. Arizona410 U.S. 351Feb 21, 1973 · 410 U.S. 351Criminal procedure6–36–3 band
- Chambers v. Mississippi410 U.S. 284Feb 21, 1973 · 410 U.S. 284Criminal procedure8–18–1 band
- Mancusi, Correctional Superintendent v. Stubbs408 U.S. 204Jun 26, 1972 · 408 U.S. 204Criminal procedure7–27–2 band
- Schneble v. Florida405 U.S. 427Mar 21, 1972 · 405 U.S. 427Criminal procedure6–36–3 band
- Nelson, Warden v. O'Neil402 U.S. 622Jun 1, 1971 · 402 U.S. 622Criminal procedure6–36–3 band
- Dutton, Warden v. Evans400 U.S. 74Dec 15, 1970 · 400 U.S. 74Criminal procedure5–45–4 band
- California v. Green399 U.S. 149Jun 23, 1970 · 399 U.S. 149Criminal procedure6–18–1 band
- Illinois v. Allen397 U.S. 337Mar 31, 1970 · 397 U.S. 337Criminal procedure8–0Unanimous band
- Harrington v. California395 U.S. 250Jun 2, 1969 · 395 U.S. 250Criminal procedure5–36–3 band
- Bruton v. United States391 U.S. 123May 20, 1968 · 391 U.S. 123Criminal procedure6–27–2 band
- Barber v. Page, Warden390 U.S. 719Apr 23, 1968 · 390 U.S. 719Criminal procedure9–0Unanimous band
- Smith v. Illinois390 U.S. 129Jan 29, 1968 · 390 U.S. 129Criminal procedure8–18–1 band
- Washington v. Texas388 U.S. 14Jun 12, 1967 · 388 U.S. 14Criminal procedure9–0Unanimous band
- Specht v. Patterson, Warden, et al.386 U.S. 605Apr 11, 1967 · 386 U.S. 605Criminal procedure8–0Unanimous band
- Brookhart v. Janis, Director of the Ohio Department of Mental Hygiene and Correction384 U.S. 1Apr 18, 1966 · 384 U.S. 1Criminal procedure8–18–1 band
- Douglas v. Alabama380 U.S. 415Apr 5, 1965 · 380 U.S. 415Criminal procedure9–0Unanimous band
- Pointer v. Texas380 U.S. 400Apr 5, 1965 · 380 U.S. 400Criminal procedure9–0Unanimous band
Data notes
Every other orally argued case with a clear vote, from the 1946 term on, that the Supreme Court Database files under the same issue as this one. The database gives each case one issue from a list of about 270 (abortion, search and seizure of vehicles, the death penalty, and so on), whatever law it turned on.
Official record
Read the full opinion on Justia and the argument audio on Oyez. Case data from the Supreme Court Database, Version 2026 Release 01, through the 2025 term.