johnson v zerbst justia

CERTIORARI, 303 U.S. 629, to review the affirmance of a judgment of the District Court discharging a writ of habeas corpus.

. . In that case the defendants were also negroes charged with raping white women.
Id. If charged with crime, he is incapable, generally, of determining for himself wheter the indictment is good or bad.

The Hotel Law Blog focuses on legal issues that affect the hospitality industry. When appellants were brought into the District Court in South Carolina, the indictment was read to them and they signed pleas of not guilty. the case back to that court for additional proceedings on Johnson's petition. Frank v. Mangum, supra, 237 U. S. 330, 237 U. S. 331; cf. They were bound over to await the action of the United States grand jury and, being unable to give bail, were confined in a local jail. 42(b) to dismiss his appeal.

Douglas •

Hack v. State, 141 Wis. 346, 351, 124 N.W.

491 U.S. 397. Campbell • We concluded that, assuming the allegations of the petition to be true, the trial was dominated by the mob so as to deprive defendant of due process of law.

Third, is the right to confront one's accusers. Justice Black wrote:[2], There is insistence here that petitioner waived this constitutional right. MR. JUSTICE REED concurs in the reversal. The standard for determining the waiver of certain constitutional rights is governed by the provisions of Johnson v. Zerbst, 304 U.S. 458, 58 S. Ct. 1019, 82 L. Ed. P. 304 U. S. 462. Left without the aid of counsel, he may be put on trial without a proper charge, and convicted upon incompetent evidence, or evidence irrelevant to the issue or otherwise inadmissible. Palko v. Connecticut, 302 U. S. 319, 302 U. S. 325. Van Devanter • Perhaps it would have been better if he had done so of his own motion, but we are not advised of any decision of a court of last resort, state or federal, holding that in a noncapital case he was bound to do so.

", Reviewing the evidence on the petition for habeas corpus, the District Court said [Footnote 6] that, after trial, petitioner and Johnson, ". Syllabus. If these contentions be true in fact, it necessarily follows that no legal procedural remedy is available to grant relief for a violation of constitutional rights unless the courts protect petitioner's rights by habeas corpus. at 464, 58 S. Ct. at 1023. January 21, 1935, they were indicted; January 23, 1935, they were taken to court, and there first given notice of the indictment; immediately were arraigned, tried, convicted and sentenced that day to four and one-half years in the penitentiary, and January 25, were transported to the Federal Penitentiary in Atlanta. He testified that the money was counterfeit and that that fact was readily discernible. Catron •

Although the trial judge is not required to explain all collateral consequences of the plea, Bettis v. United States, 325 A.2d 190, 194 (D.C.1974), a guilty plea cannot be accepted if the accused is unaware of its conclusivity on the proceeding. Of course, waiver of appeal by a decision not to file a notice of appeal should be guided by this decision, and in such an event counsel should keep appropriate records of the waiver.

[2], Justice Hugo Black delivered the opinion for five of the six justices in the majority.

The purpose of the constitutional guaranty of a right to counsel is to protect an accused from conviction resulting from his own ignorance of his legal and constitutional rights, and the guaranty would be nullified by a determination that an accused's ignorant failure to claim his rights removes the protection of the Constitution.

MR. JUSTICE BLACK delivered the opinion of the Court. 253.

[Footnote 8] It embodies a realistic recognition of the obvious truth that the average defendant does not have the professional legal skill to protect, himself when brought before a tribunal with power to take his life or liberty, wherein the prosecution is presented by experienced and learned counsel. Jones v. Barnes, 463 U.S. 745, 103 S. Ct. 3308, 77 L. Ed. The fact that the accused was not represented by counsel at a crucial time was not entirely the basis of our decision.
Taney • It has been repeatedly held that the writ of habeas corpus may not be substituted for a writ of error or an appeal. There is insistence here that petitioner waived this constitutional right. The action of an appellate court overturning a lower court's decision. He requires the guiding hand of counsel at every step in the proceedings against him.

Blackmun •

Scalia • Appellants were not immature and had sufficient education to understand *751 the charge against them.

effect is to substitute for the bare legal review that seems to have been the limit of judicial authority under the common law practice, and under the Act of 31 Car.


Todd • [3], Justice Black evaluated the claim that the petitionersParties presenting a petition to an appellate court for relief on appeal.

This right may be waived, but the waiver must be an intelligent one, and whether there was such must depend upon the particular facts and circumstances, including background, experience, and conduct of accused.

*803 Fowler v. United States, supra, 411 A.2d at 623. Supreme Court of the United States (via Findlaw),, Tracking election disputes, lawsuits, and recounts, Ballotpedia's Daily Presidential News Briefing, Submit a photo, survey, video, conversation, or bio. Washington •

Cushing •

Hawkins v. United States, supra, 385 A.2d at 747. U. S. Motions to Suppress Identifications By Witnesses Must Be Filed Before Trial or Else! It is a duty of a federal court in the trial of a criminal case to protect the right of the accused to counsel, and, if he has no counsel, to determine whether he has intelligently and competently waived the right. Kavanaugh • Woodbury •

to have the Assistance of Counsel for his defence." Mr. Elbert P. Tuttle, of Atlanta, Ga., for petitioner. Fuller •

867 (1894).

532, 88 U. S. 557. On May 15, 1935, petitioners filed applications for appeal which were denied because filed too late" because the time for filing a motion for new trial and for taking an appeal was limited to three to five days. See Collier v. Estelle, 506 F.2d 22, 23-24 (5th Cir.1975) (the waiver of the fundamental right to appeal requires knowing and intelligent participation by the defendant); United States ex. Cf., Frank v. Mangum, supra, 237 U. S. 327.

The question whether the assistance of counsel was intelligently and competently waived by the prisoner at his trial may be determined in habeas corpus proceedings on proofs aliunde.

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