Criminal Procedure

Front 1

Gideon (D) v. Wainright (P) (1963)

Back 1

The right of an indigent to appointed counsel is a right fundamental and essential to a fair trial. This is because counsel is necessary to a fair trial not just in certain circumstances (Betts) but in all circumstances.

Gideon was charged with felony breaking and entering in a state prosecution. He requested state-appointed counsel but was refused on the basis that state law only required appointment of counsel for indigents in capital cases. Represented himself and was convicted, so filed for writ of habeas corpus based on denial of counsel at trial. He was acquitted.

Gideon decision was read to require counsel in only non-petty (more than 6 months imprisonment) cases, but Arsengir v. Hamlin (1972) extended the indigent's right to appointed counsel to any case where the possibility of jail time existed.
Denial of counsel where imprisonment results is error per se, not harmless error.

Front 2

Fourteenth Amendment Due Process Clause

Back 2

Provides that protections mandated by the U.S. Constitution and observed by the federal government are equally applicable and therefore must be observed by the states.

Front 3

Sixth Amendment

Back 3

Provides the right to a speedy and fair trial by impartial jury, the right to be informed of the accusation, the right to confront witnesses, and the right to have the assistance of counsel in all criminal prosecutions.

Front 4

Alabama v. Shelton (2002)

state (P) v. misdemeanor convict (D)

Back 4

A suspended sentence which could result in actual deprivation of liberty may not be imposed in the absence of the Sixth Amendment right to appointed counsel.

NATURE OF CASE--appeal from reversal of a misdemeanor assault conviction.

FACTS--Shelton represented himself and was convicted of 3rd degree assault misdemeanor, given suspended 30 day jail term and two year probation automatic. He argued he was deprived of 6th Amendement right to counsel since he was never offered a court appointed attorney.