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Chandler Vs. Fretag
Cites for this judgment
- US Supreme Court
- Nov 08, 1954
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U.S. 3 (1954) U.S. Supreme Court Chandler v. FretagSearch
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U.S. 3 (1954) Chandler v. FretagSearch
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entitled to have counsel appointed by the court, his right to be heard through his own counsel was unqualified. Betts v. BradySearch
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create a separate offense, but only enhances a defendant's punishment on being convicted of his fourth felony. Tipton v. StateSearch
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Tenn. 664, 672-678, 28 S.W.2d 635, 637-639. See also McDonald v. MassachusettsSearch
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Graham v. WestSearch
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Tipton v. StateSearch
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McCommings v. StateSearch
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defendant charged with being an habitual criminal must be determined by a jury in a judicial hearing. Compare Williams v. NewSearch
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facts, it is clear beyond question that petitioner did not waive counsel on the habitual criminal accusation. See Rice v. OlsonSearch
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that petitioner had any federal constitutional right to counsel. He relies on the doctrine enunciated in Betts v. BradySearch
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a continuance so that he could obtain his own. The distinction is well established in this Court's decisions. Powell v. AlabamaSearch
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See Palko v. ConnecticutSearch
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U. S. 319 , 302 U. S. 324 -325. As this Court stated over 20 years ago in Powell v. AlabamaSearch
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otherwise, the right to be heard by counsel would be of little worth. Avery v. AlabamaSearch
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can attack the validity of his habitual criminal sentence in habeas corpus proceedings. See State ex rel. Grandstaff v. GoreSearch
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e.g., the West Virginia procedure which provides for a separate hearing on the habitual criminal issue. See Graham v. WestSearch
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U.S. Supreme Court Chandler v. FretagSearch
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McDonald v. MassachusettsSearch
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Compare Williams v. NewSearch
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See Rice v. OlsonSearch
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Powell v. AlabamaSearch
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Avery v. AlabamaSearch
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Grandstaff v. GoreSearch
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See Graham v. WestSearch
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