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North Vs. Russell

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  • US Supreme Court
  • Jun 28, 1976

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  1. Tumey Vs. Ohio US Supreme Court · Mar 07, 1927
  2. Edwards Vs. California US Supreme Court · Nov 24, 1941
  3. Estes Vs. Texas US Supreme Court · Jun 07, 1965
  4. Faretta Vs. California US Supreme Court · Jun 30, 1975
  5. Argersinger Vs. Hamlin US Supreme Court · Jun 12, 1972
  6. Whiteley Vs. Warden US Supreme Court · Mar 29, 1971
  7. North Carolina Vs. Pearce US Supreme Court · Jun 23, 1969
  8. U.S. 328 (1976) U.S. Supreme Court North v. Russell
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  9. U.S. 328 (1976) North v. Russell
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  10. court judge in one of the smaller cities, when a later trial de novo is available in the circuit court. Ward v. Village
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  11. classified area are treated equally, the different classifications within the court system are justified. Missouri v. Lewis
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  12. trained in the law. The Circuit Court denied relief on the basis of the Kentucky Court of Appeals holding in Ditty v. Hampton
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  13. U.S. 885 (1973). The Kentucky Court of Appeals in turn affirmed the denial of relief on the basis of Ditty v. Hampton
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  14. However, once it appears that confinement is an available penalty, the process commands scrutiny. See Argersinger v. Hamlin
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  15. U. S. 25 (1972). Appellant argues that the right to counsel articulated in Argersinger v. Hamlin
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  16. supra, and Gideon v. Wainwright
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  17. the decision is likely to be prompt. We assume that police court judges recognize their obligation under Argersinger v. Hamlin
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  18. be filed within 30 days in order to implement that right. Ky.Rule Crim.Proc. 12.04. In Colten v. Kentucky
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  19. Id. at 407 U. S. 118 -119. Page 427 U. S. 337 Under Ward v. Village
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  20. and the village received a substantial portion of its income from fines imposed by him as judge. Similarly in Tumey v. Ohio
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  21. also been directed at the need for independent, neutral, and detached judgment, not at legal training. See Coolidge v. New
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  22. Hampshire, 403 U. S. 443 , 403 U. S. 449 -453 (1971). See also, e.g., Whiteley v. Warden
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  23. Katz v. United
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  24. Wong Sun v. United
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  25. States, 371 U. S. 471 , 371 U. S. 481 -482 (1963). Yet cases such as Shadwick v. City
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  26. within a given city and within cities of the same size are treated equally. The Kentucky Court of Appeals in Ditty v. Hampton
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  27. Id. at 776-777. The Court of Appeals relied upon Missouri v. Lewis
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  28. Id. at 101 U. S. 30 -31. See generally Salsburg v. Maryland
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  29. Fay v. New
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  30. Manes v. Goldin
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  31. We observed in Colten v. Kentucky
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  32. courts of convenience, to provide speedy and inexpensive means of disposition of charges of minor offenses.' Colten v. Commonwealth
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  33. have nowhere been better put than in the oft-quoted words of Mr. Justice Sutherland's opinion for the Court in Powell v. Alabama
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  34. Id. at 287 U. S. 68 -69. So it was that, beginning with the capital case of Powell v. Alabama
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  35. supra, extending through the felony case of Gideon v. Wainwright
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  36. U. S. 335 , and culminating in the misdemeanor case of Argersinger v. Hamlin
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  37. U. S. 532 , 381 U. S. 542 -543. See Rideau v. Louisiana
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  38. U. S. 806 , 422 U. S. 839 (BURGER, C.J., dissenting). See Geders v. Page
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  39. Among the critical functions that a trial judge must frequently perform are the acceptance of a guilty plea, Henderson v. Morgan
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  40. the determination of the voluntariness of a confession, Jackson v. Denno
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  41. the advising of the defendant of his trial rights, Boykin v. Alabama
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  42. and the instruction of a jury, Bollenbach v. United
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  43. because the convicted defendant may have a trial de novo before a qualified judge. I cannot agree. In Ward v. Village
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  44. Id. at 409 U. S. 61 -62. See also Callan v. Wilson
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  45. fees and court costs. Third, such a practice would turn what should be a solemn court proceeding, see Boykin v. Alabama
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  46. had even less formal education. Gordon v. Justice
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  47. At least two state courts have held that such a trial violates the United States Constitution. Gordon v. Justice
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  48. Shelmidine v. Jones
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  49. Deposition of Magistrate Robert McLendon, Oct. 15, 1974, p. 110, Frierson v. West
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  50. See also Deposition of Magistrate Robert McLendon, Oct. 15, 1974, p. 116 in Frierson v. West
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