Johnson v. Avery
393 U.S. 483 · Decided February 24, 1969 · Supreme Court of the United States
Record summary. This page is generated from the Supreme Court Database’s coded data about the case. It describes who decided what, not the Court’s reasoning. Read the opinion itself before relying on it. Not legal advice.
At a glance
Johnson v. Avery was decided on February 24, 1969 by a vote of 7–2. The Court reversed the lower court's decision and remanded the case. Justice Abe Fortas wrote the opinion of the Court. SCDB classifies its main issue as “Indigents, inadequate representation by counsel” in the Civil Rights area.
Read the opinion
Case details
- Citations
- 393 U.S. 483 · 89 S. Ct. 747 · 21 L. Ed. 2d 718 · 1969 U.S. LEXIS 2442
- Docket number
- 40
- Decided
- February 24, 1969
- Argued
- November 14, 1968
- Court era
- Warren Court
- Decision type
- Opinion of the Court (orally argued)
- Disposition
- Reversed and remanded
- Outcome for petitioner
- The petitioning party received a favorable disposition
- Vote
- 7–2
- Majority opinion
- Abe Fortas
- Opinion assigned by
- Earl Warren
- How the case arrived
- Certiorari
- Issue (SCDB)
- Indigents, inadequate representation by counsel
- Issue area
- Civil Rights
- Legal provision
- Fourteenth Amendment (equal protection)
- Type of law
- Constitutional amendment
- Decision direction (SCDB)
- Liberal what this means
How the Justices voted
| Justice | Vote | Separate writing |
|---|---|---|
| Justice Hugo L. Black | Dissent | |
| Justice William O. Douglas | Concurrence | Wrote an opinion |
| Chief Justice Earl Warren | Majority | |
| Justice John M. Harlan II | Majority | |
| Justice William J. Brennan Jr. | Majority | |
| Justice Potter Stewart | Majority | |
| Justice Byron R. White | Dissent | Wrote an opinion |
| Justice Abe Fortas | Majority | Wrote an opinion |
| Justice Thurgood Marshall | Majority |
Full case caption
Johnson v. Avery, Commissioner of Correction, et al.
SCDB identifiers: case 1968-042, docket 1968-042-01.
Related decisions
Other cases on “Indigents, inadequate representation by counsel”
- Holloway v. Arkansas
- Wilkins v. United States
- Wood v. Georgia
- Strickland v. Washington
- McCoy v. Court of Appeals of Wisconsin
- Penson v. Ohio
Cases on the same legal provision: Fourteenth Amendment (equal protection)
- Hadnott v. Amos
- Gardner v. California
- Hunter v. EricksonLaw held unconstitutional
- Shapiro v. ThompsonLaw held unconstitutional
- McDonald v. Board of Election Commissioners of Chicago
- Moore v. OgilvieAltered precedentLaw held unconstitutional
Same Term, same area (Civil Rights)
- Williams v. RhodesLaw held unconstitutional
- Oestereich v. Selective Service System Local Board No. 11
- United States v. Augenblick
- Gardner v. California
- Hunter v. EricksonLaw held unconstitutional
- Alabama State Teachers Assn. v. Alabama Public School and College Authority
Source: Supreme Court Database, 2026 Release 01 (data file dated September 8, 2026). Imported into CaseTrail November 5, 2026. Coverage: decisions from the 1946 through 2025 Terms. Methodology · Report an error