Linda R. S. v. Richard D., 410 U.S. 614 (1973), was a United States Supreme Court case resulting in a ruling that a particular section of a Texas Penal Code did not apply to mothers with illegitimate children. The case was argued on December 6, 1972 and decided on March 5 1973. The respondent was the father of the illegitimate child.
Appellant, the mother of an illegitimate child, brought a class action to enjoin the "discriminatory application" of Art. 602 of the Texas Penal Code providing that any "parent" who fails to support his "children" is subject to prosecution, but which by state judicial construction applies only to married parents. Appellant sought to enjoin the local district attorney from refraining to prosecute the father of her child
The three-judge District Court dismissed appellant's action for want of standing. Although appellant has an interest in her child's support, application of Art. 602 would not result in support but only in the father's incarceration, and a private citizen lacks a judicially cognizable interest in the prosecution or nonprosecution of another.
Justice White, with Justice Douglas joining, wrote that "children born out of wedlock ... have been excluded intentionally from the class of persons protected by a particular criminal law. They do not get the protection of the laws that other women and children get. Under Art. 602, they are rendered nonpersons; a father may ignore them with full knowledge that he will be subjected to no penal sanctions."
SEC Enters Into First Nonprosecution Agreement as Part of Its New Cooperation Initiative.(Securities and Exchange Commission)(Carter's Inc vs Joseph M. Elles)
Jan 05, 2011; On December 20, the Securities and Exchange Commission (SEC or the Commission) announced that it had entered into the first...