Word: counseled
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Dates: during 1960-1969
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...famous decision in Gideon v. Wainwright (1963), which ordered all American courts to provide lawyers for indigent defendants-at least in the trial of felony cases. What now bothers Stewart is the court's refusal to answer an insistent question: Does Gideon's right to counsel also cover misdemeanors...
Twice this term, Stewart has publicly chided his brethren for passing up chances to tackle the misdemeanor issue. In October came the case of an indigent Little Rock, Ark., Negro busboy, who was found necking with a white waitress and convicted of "immorality," a local misdemeanor. Tried without counsel, he spent 91 months in jail, working off his 30-day sentence and $254 fine at $1 per day. Only Justice Hugo Black joined Stewart in holding that the case should be reviewed. But such acceptance requires the votes of four justices, and Stewart argued in vain that...
Last week Stewart again dissented when the court refused to review the Connecticut case of John DeJoseph, charged with criminal nonsupport. Two Hartford judges denied DeJoseph's requests for indigent's counsel because the charge was only a misdemeanor; DeJoseph tried to defend himself and went to jail for six months. By contrast, a Connecticut federal court recently freed another man who had been jailed for exactly the same offense, simply because the state failed to tell him that he had a right to a lawyer. Said Stewart: "When the meaning of a fundamental constitutional right depends...
...charges. The other 90% are accused of misdemeanors, some of which carry sentences as long or longer than felonies. In Arkansas, for example, a misdemeanor can call for imprisonment of as much as three years. Yet an American Bar Foundation study recently reported that when it came to providing counsel for misdemeanants, "wide variations in practice existed from one state to another and from one county to another in the same state." And the highest courts of Arkansas, Florida and Connecticut have flatly limited Gideon to felonies...
...certain what effect a Faculty resolution -- if it opposed the computing of ranks -- would have on University policy. Earlier this term, Dean Ford said that the University feels bound, on the informal advice of counsel, to continue supplying the ranks. Thus, any resolution might only be a mere expression of opinion...