Mempa v. Rhay

United States Supreme Court
389 U.S. 128 (1967)


Facts

Mempa (defendant) was convicted of the offense of joyriding and placed on probation for two years on the condition that he first spend 30 days in the county jail, after which his sentencing was deferred. Four months later, the prosecuting attorney moved that Mempa’s probationary status be revoked because Mempa was involved in a burglary. At the hearing for the burglary, Mempa, then 17 years old, was accompanied by his stepfather, but was without counsel and had not been asked whether he wished to have counsel appointed. At the hearing, Mempa admitted participating in the burglary. A probationary officer testified that he had information that Mempa had been involved in the burglary, but that Mempa had earlier denied any involvement. No one cross-examined the probationary officer. The court revoked Mempa’s probationary status and he was sentenced to 10 years in the penitentiary.

Rule of Law

The rule of law is for members only. To access this section, please login or give Quimbee a try, it's free to get started.

Issue

The issue section is for members only and includes the dispositive legal issue in the case phrased as a question. To access this section, please login or give Quimbee a try, it's free to get started.

Holding and Reasoning (Marshall, J.)

The holding and reasoning section is for members only and includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, please login or give Quimbee a try, it's free to get started.

Here's why 10,000 law students rely on our case briefs:

  • Reliable - written by law professors and practitioners not other law students.
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your class - works on your mobile and tablet.
  • 7,515 briefs - keyed to 85 casebooks.
  • Uniform format for every case brief.
  • Written in plain English - not in legalese and not just repeating the court's language.
  • Massive library of related video lessons - and practice questions.
  • Ability to tag case briefs in an outlining tool.
  • Top-notch customer support.
Start Your Free Trial Now