Johnson v. District of Columbia

(dissenting) :

The predicate for my disagreement with the majority is the way in which I read In re Winship, 397 U.S. 358, 90 S.Ct. 1068 (1970), and In re Gault, 387 U.S. 1, 87 S.Ct. 1428 (1967). To me, those cases logically extend to paternity procedures presently conducted under D.C.Code 1967, § 16-2341 et seq.1

Prior to trial in 1969, counsel for appellant requested the trial judge to apply the standard of proof beyond a reasonable doubt. The trial judge, relying on previous decisions of this court,2 refused to apply that standard and expressly found appellant to be the father of the child…