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Alabama Vs. Shelton
Cites for this judgment
- US Supreme Court
- May 20, 2002
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U.S. 654 (2002) October Term, 2001 Syllabus Alabama V. SheltonSearch
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Alabama Supreme Court reversed Shelton's suspended jail sentence, reasoning that this Court's decisions in Argersinger v. HamlinSearch
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U. S. 25 , and Scott v. IllinoisSearch
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Nichols v. UnitedSearch
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amicus resists this reasoning, i. e., amicus' attempt to align this case with Nichols and with Gagnon v. ScarpelliSearch
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gave rise to his previous conviction, 511 U. S., at 748, even if he had never been charged with that conduct, Williams v. NewSearch
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U. S. 241 , and even if he had been acquitted of a misdemeanor with the aid of appointed counsel, United States v. WattsSearch
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leaving Shelton's probation term freestanding and independently effective. See Hortonville Joint School Dist. No. 1 v. HortonvilleSearch
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to the assistance of courtappointed counsel. Two prior decisions control the Court's judgment. First, in Argersinger v. HamlinSearch
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id., at 33. Later, in Scott v. IllinoisSearch
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Brief any citation in this list with AI Studio
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App. 37 (quoting United States v. ReilleySearch
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United States v. WhiteSearch
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F.2d 1390 , 1394 (CA8 1976). Others have rejected that proposition. See, e. g., Cottle v. WainwrightSearch
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Griswold v. CommonwealthSearch
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State v. HansenSearch
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to appointed counsel he might have enjoyed. Ibid. 3 Shelton also urges this Court to overrule Argersinger v. HamlinSearch
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U. S. 25 (1972), and Scott v. IllinoisSearch
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U. S. 987 (2001).4 A In Gideon v. WainwrightSearch
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s guarantee of the right to state-appointed counsel, firmly established in federal-court proceedings in Johnson v. ZerbstSearch
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standard. See, e. g., Glover v. UnitedSearch
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Lassiter v. DepartmentSearch
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primarily on two grounds. First, he attempts to align this case with our decisions in Nichols and Gagnon v. ScarpelliSearch
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previous conviction, id., at 748 (emphasis added), even if he had never been charged with that conduct, Williams v. NewSearch
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and even if he had been acquitted of the misdemeanor with the aid of appointed counsel, United States v. WattsSearch
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one, Buckelew v. StateSearch
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the defendant has no right to counsel, and the court no obligation to observe customary rules of evidence, Martin v. StateSearch
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to demonstrate error in the original proceeding or reconstruct evidence lost in the intervening period. Nichols v. UnitedSearch
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State v. HermannsSearch
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See Alexander v. AnchorageSearch
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Tracy v. MunicipalSearch
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Brunson v. StateSearch
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Wright v. DenatoSearch
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Commonwealth v. ThomasSearch
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JUSTICE SCALIA, with whom THE CHIEF JUSTICE, JUSTICE KENNEDY, and JUSTICE THOMAS join, dissenting. In Argersinger v. HamlinSearch
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of appointed counsel. Id., at 40 (emphasis added). We affirmed this rule in Scott v. IllinoisSearch
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repeatedly emphasized actual imprisonment as the touchstone of entitlement to appointed counsel. See, e. g., Glover v. UnitedSearch
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with respect to constitutional questions (as to which we seek to avoid even non-advisory opinions, Ashwander v. TVASearch
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of, not in addition to, post-trial probation. 3 The Court quotes Chief Justice Burger's concurrence in Argersinger v. HamlinSearch
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State v. HardmanSearch
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State v. WoodruffSearch
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Fortner v. StateSearch
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Rodriguez v. RosenblattSearch
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State v. McCoySearch
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Syllabus Alabama V. SheltonSearch
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and Scott v. IllinoisSearch
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