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COLTEN v. KENTUCKY

No. 71-404.

407 U.S. 104 (1972)

92 S.Ct. 1953

32 L.Ed.2d 584

COLTEN v. KENTUCKY.

Supreme Court of United States.

Decided June 12, 1972.

Attorney(s) appearing for the Case

Alvin L. Goldman argued the cause for appellant. With him on the brief were Melvin L. Wulf and Sanford Jay Rosen.

Robert W. Willmott, Jr., Assistant Attorney General of Kentucky, argued the cause for appellee pro hac vice. With him on the brief was Ed W. Hancock, Attorney General.

MR. JUSTICE WHITE delivered the opinion of the Court.

This case presents two unrelated questions. Appellant challenges his Kentucky conviction for disorderly conduct on the ground that the conviction and the State's statute are repugnant to the First and Fourteenth Amendments. He also challenges the constitutionality of the enhanced penalty he received under Kentucky's two-tier system for adjudicating certain criminal cases, whereby a person charged with a misdemeanor...

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