MacKey v. United States

Mr. Justice Harlan,

concurring in the judgments in Nos. 36 and 82 and dissenting in No. 81.

These three cases have one question in common: the extent to which new constitutional rules prescribed by this Court for the conduct of criminal cases are applicable to other such cases which were litigated under different but then-prevailing constitutional rules.

One of these cases is before us on direct review, No. 81, Williams, the other two being here on collateral review, No. 82, Elkanich, and No. 36, Mackey. In each instance the new rule is held not applicable, and, in *676consequence, the judgments…