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Gideon Vs. Wainwright
Cites for this judgment
- US Supreme Court
- Mar 18, 1963
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U.S. 335 (1963) U.S. Supreme Court Gideon v. WainwrightSearch
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U.S. 335 (1963) Gideon v. WainwrightSearch
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and petitioner's trial and conviction without the assistance of counsel violated the Fourteenth Amendment. Betts v. BradySearch
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but without an opinion, denied all relief. Since 1942, when Betts v. BradySearch
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Brief any citation in this list with AI Studio
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Should this Court's holding in Betts v. BradySearch
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of due process. Since the facts and circumstances of the two cases are so nearly indistinguishable, we think the Betts v. BradySearch
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that the Constitution guarantees him the assistance of counsel. Upon full reconsideration, we conclude that Betts v. BradySearch
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Due Process Clause of the Fourteenth Amendment. This same principle was recognized, explained, and applied in Powell v. AlabamaSearch
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a case upholding the right of counsel, where the Court held that, despite sweeping language to the contrary in Hurtado v. CaliforniaSearch
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On the other hand, this Court in Palko v. ConnecticutSearch
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U.S. at 302 U. S. 324 -326. We accept Betts v. Brady'sSearch
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that the Sixth Amendment's guarantee of counsel is not one of these fundamental rights. Ten years before Betts v. BradySearch
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Grosjean v. AmericanSearch
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U. S. 458 , 304 U. S. 462 (1938). To the same effect, see Avery v. AlabamaSearch
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U. S. 444 (1940), and Smith v. O'GradySearch
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the Court in Betts v. BradySearch
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U.S. at 287 U. S. 68 -69. The Court in Betts v. BradySearch
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departed from the sound wisdom upon which the Court's holding in Powell v. AlabamaSearch
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rested. Florida, supported by two other States, has asked that Betts v. BradySearch
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Of the many such cases to reach this Court, recent examples are Carnley v. CochranSearch
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Hudson v. NorthSearch
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Moore v. MichiganSearch
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U. S. 155 (1957). Illustrative cases in the state courts are Artrip v. StateSearch
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Shafer v. WardenSearch
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E.g., Gitlow v. NewSearch
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Lovell v. CitySearch
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Staub v. CitySearch
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De Jonge v. OregonSearch
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Gremillion v. NAACPSearch
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Edwards v. SouthSearch
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E.g., Chicago, B. & Q. R. Co. v. ChicagoSearch
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E.g., Wolf v. ColoradoSearch
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Elkins v. UnitedSearch
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Robinson v. CaliforniaSearch
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U. S. 346 Justice Field, the first Justice Harlan, and probably Justice Brewer, took that position in O'Neil v. VermontSearch
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U. S. 362 -363, 144 U. S. 370 -371, as did Justices BLACK, DOUGLAS, Murphy and Rutledge in Adamson v. CaliforniaSearch
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U. S. 46 , 332 U. S. 71 -72, 124. And see Poe v. UllmanSearch
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U. S. 122 , and seemingly was accepted by Justice Clifford when he dissented with Justice Field in Walker v. SauvinetSearch
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Unfortunately, it has never commanded a Court. Yet, happily, all constitutional questions are always open. Erie R. Co. v. TompkinsSearch
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