von moltke gillies argued november decided january von moltke gillies leslie field detroit petitioner frederick bernays wiener providence respondent justice black announced judgment opinion justice douglas justice murphy justice rutledge concurred petitioner indicted conspiracy violate espionage act specific charge order injure aid german reich others conspired second world war collect deliver vital military information german agents money hire lawyer without benefit counsel petitioner appeared federal district judge told indictment explained signed paper stating waived represented counsel trial cause pleaded guilty plea sentenced death imprisonment thirty years thirteen months jail following plea sentenced four years prison habeas corpus proceeding charged sentence resting solely plea guilty invalid two reasons first alleged plea entered reason coercion intimidation deception federal officers violation due process clause fifth amendment second alleged neither understandingly waived benefit advice counsel provided assistance counsel required sixth amendment government concedes charges entitle petitioner issues heard determined habeas corpus proceeding true invalidate plea sentence district heard evidence offered petitioner government found failed prove either contention sixth circuit appeals affirmed one judge dissenting basis designated undisputed evidence dissenting judge concluded petitioner pleaded guilty reliance upon legal advice federal bureau investigation fbi advice though honestly given false neither district majority circuit appeals controverted conclusion dissenting judge challenge plea guilty made indigent defendant lawyer provided ground plea entered reliance upon advice given government raises serious constitutional questions circumstances granted certiorari case thus becomes apparent determination questions presented depends upon evidence showed conflicting testimony many points case attempt resolve conflicts conclusion reached following facts shown testimony government agents undisputed evidence offered petitioner petitioner born germany country bore title countess husband came december since lived detroit petitioner housewife husband instructor german wayne university husband naturalized citizen naturalization papers pending time four children three born country american citizens august six fbi agents came home petitioner bed informed must get go home searched husband permission taken local office fbi fingerprinted photographed examined physician taken immigration detention home placed solitary confinement one exception noted permitted see communicate anyone outside next four days two fbi agents persistently courteously examined every day knew nothing arrest detention except held indefinitely presidential warrant dangerous enemy alien informed fbi investigating agency prosecuting enemy alien allowed see attorney first period questioning relaxation petitioner incommunicado status single permission relay instructions fbi agent husband told look disbetic child child mother specially cared since infancy required strict diet injections twice daily september eight days early morning arrest petitioner taken enemy alien hearing board informed specific charges told legal attorney hearing results hearing make known conclusion returned detention home september petitioner handed indictment printed record document covers little fourteen pages charges generally language statute defendants conspired violate statute also enumerates seven overt acts alleged performed pursuance objects conspiracy five acts specifically refer petitioner four five merely allege petitioner conferred one defendants fifth alleges someone one defendants september almost month arrest petitioner leonhardt taken courthouse arraignment upon told two defendants attorney means obtain one judge said appoint counsel right away arraign seen attorney led bull pen wait attorney attorney arrived taken back courtroom session explained petitioner corroborated others moinet bench seemed trial going judge moinet appointed lawyer courtroom said help two women young lawyer objected sad want anything consented arraignment help came sitting side bench asked want plead said guilty asked leonhardt said thing told us whispered us fact went whispered advisable know even suggested proper stand mute two five minute whispered conversation lawyer said couple minutes lawyer asked defendants indicated even see indictment inform petitioner nature charge possible defenses inquire knew punishment imposed alleged offense case trial interrupted charge made defendants stood mute plea guilty entered reference future representation attorney petitioner uncontradicted testimony judge appoint attorney right away understood gentleman expected come right away two women unable get bond immediately taken courthouse wayne county jail matron informed petitioner strict orders hold petitioner leonhardt notwithstanding order however fbi agents continued visit talk third defendant behrens every day except sunday period three allowed read discuss among unfavorable newspaper reports arrest indictment occasioned talked also fbi agents adverse publicity plead charges september one month one day von moltke arrest two lawyers came jail see sent husband one appears taken husband language course wayne university lawyers message first communication permitted receive husband since removal county jail well shut outside world thog ht even know confined lawyers informed although come husband request represent counsel fourthermore warned even hold said confidence feel free disclose anything told government one lawyers appeared trial testified petitioner concerned visit children husband university removed position day arrest particularly inquired whether help husband get university position back pleaded guilty received counsel subject one way another fact lawyers emphasized number times advise although gave form regarding charges indictment attempt explain implications charges advise possible defenses inform permissible punishments indictment september three days lawyers visit petitioner leonhardt taken fbi agents marshal office talked assistant district attorney plea enter leonhardt announced plead guilty plea later entered petitioner first asked opportunity discussing matter husband came marshal office allowed talk wife pen advised anything saw lawyer declined plead guilty taken back jail october nine days later plead guilty without talked lawyer meantime except fbi although seen husband several times days behrens entered plea guilty rumors reached petitioner defendants named indictment also plead guilty interval september petitioner plea guilty october fbi men talked daily particularly asked whether law right trial pleaded guilty agent reply remembered question trial attorney office also repeatedly plied agents questions plea enter order reduce much possible injurious publicity affair least harmful course make possible husband recover old position also vitally interested whether deported whether plead guilty sentence served close family subjects agents talked daily conversations one offered discuss assistant district attorney behalf following discussion agent brought back word petitioner assistant district attorney control deportation publicity place imprisonment pleaded guilty write letter controlling authorities recommend imprisoned close family time one fbi discussed petitioner legal problems great length according testimony best explain implications indictment told statement heard jail unless pleaded guilty husband involved asked agent true replied answer question also asked one whether mere association peope guilty association charged five overt sufficient bring conviction indictment agent according petitioner explained indictment use runners plot example testified said group people plan violate law another person person know people planning violation know going still seemed two years plan carried law man present becomes person nevertheless guilty conspiracy fbi agent deny given rum runner illustration fact agent said quite possible conversation occurred ten days prior plea guilty petitioner many conversations fbi agents plead indictment resolving doubts legal counsel upon rely except government since neither husband afford lawyer counsel promised judge moinet never appeared chief concern trying decide whether plead guilty indictment possible imprisonment testified government agents concerned husband job hoping whatever best husband child troubled state mind recognized prosecuting attorney shown leading questions asked examination true time plead sic guilty repeatedly asked agents advice whether plead guilty true nobody else ask well say yes yes october reached temporary decision went two agents assistant district attorney told wanted plead guilty since judge moinet available taken another judge unfamiliar case first accept plea guilty lawyer record indicated previously pleaded guilty advice counsel response judge questions said understood indictment voluntarily entering plea guilty judge permitted petitioner sign written waiver counsel whole matter appears disposed routine questioning within five minutes interlude another trial explanation implications indictment consequences plea mentioned judge anyone presence record show anything indicate informed sentence death imposed charges judge appears asked petitioner whether able hire lawyer want one given advice connection plea apparently informed petitioner legal counsel come fbi agents petitioner continued thereafter worry whether acted wisely changing plea guilty learning january fbi agent request permission withdraw plea sent messages district attorney seeking permission months later judge moinet appointed counsel solely purpose filing motion lev withdraw plea counsel file motion dismissal required criminal peals rules even motion made petitioner first learned rights motion withdraw plea guilty tardy required consider light declared kercheval plea guilty differs purpose effect mere admission extrajudicial confession conviction consideration persons accused crime courts careful plea guilty shall accepted unless made voluntarily proper advice full understanding consequences suggested adverse inference drawn petitioner failed try appeal conviction sentence following denial motion view counsel appointment solely purpose moving allowed withdraw plea guilty questionable whether authority prosecute appeal conviction sentence least appointed counsel take appeal lawyer petitioner furthermore futility appeal based upon trial refusal permit withdrawal plea obvious view failure meet strict requirements rule ii seems pretty plain petitioner raise question proper habeas corpus proceedings accept government contention petitioner intelligent mentally acute woman necessary determine whether government argues district might reasonably rejected much petitioner testimony need pass upon government contention evidence might supported finding fbi actually give erroneous advice mere association criminal conspirators sufficient make person guilty criminal conspiracy assuming correctness two latter contentions opinion undisputed testimony previously summarized shows petitioner pleaded guilty full understanding comprehension legal rights indispensable valid waiver assistance counsel first sixth amendment guarantees accused unable hire lawyer shall provided assistance counsel defense criminal prosecutions federal courts walker johnston see foster people state illinois particularly solicitous see right carefully preserved accused ignorant uneducated kept close surveillance object widespread public hostility powell state alabama petitioner case bristled factors made essential accepting waiver constitutional right counsel satisfied fully comprehended perilous position waging total war germany man name german german countess war atmosphere saturated time suspicion fear germans indictment charged country war germany japan petitioner conspired others betray military secrets germany kept close confinement since arrest many alleged already pleaded guilty found guilty many people might think legally put death punishment violation espionage act executed imprisoned thirty years shorter period judge discretion might fix even trial impose sentence petitioner following plea guilty lawyer might rendered invaluable aid calling attention mitigating circumstances might inclined fix lighter penalty anyone charged espionage wartime statute question sorely needed lawyer von moltke particular desperately needed best get second waiver constitutional right assistance counsel less moment accused must decide whether plead guilty accused stands trial see williams kaiser prior trial accused entitled rely upon counsel make independent examination facts circumstances pleadings laws involved offer informed opinion plea entered determining whether accused guilty innocent charges complex legal indictment seldom simple easy task layman even though acutely intelligent conspiracy charges frequently broad confusing scope particularly true conspiracies espionage act see gorin heine especially misla ding layman overt act allegations conspiracy charges often indictment mere statements past associations conferences persons activities apparently entirely harmless standing alone layman reading overt act charges indictment might reasonably think one convicted indictment simply perfect innocence associated criminal time place alleged undisputed evidence case petitioner concerned many legal significance overt act charges possibilities defense defendants plead need aid counsel stage third solemn duty federal judge defendant appears without counsel make thorough inquiry take steps necessary insure fullest protection constitutional right every stage proceedings johnson zerbst hawk olson duty discharged though mere procedural formality powell state alabama trial instead appointing counsel particularly charged specific duty representing defendants appointed entire local bar treated cavalier designation counsel mere gesture declined recognize compliance constitutional mandate relied case light view appointment counsel petitioner arraigned lawyer apparently reluctant accept case agreed represent promised judge take two three minutes perform duty seems taken longer even though assume attorney best circumstances accept designation counsel trial anything token obedience constitutional required duty appoint counsel petitioner arraignment important step criminal proceeding give wholly inadequate representation one charged crime hollow compliance mandate constitution stage important arraignment might enough convince one like petitioner previously never set foot american courtroom waiver right counsel great another legalistic formality unable agree government argument momentary appointment lawyer arraignment purposes supports contention petitioner intelligently waived right counsel fact episode points direction judge told petitioner appoint another lawyer away never long pleaded guilty late good fourth said constitutional right accused represented counsel invokes protection trial life liberty without counsel protecting duty imposes serious weighty responsibility upon trial judge determining whether intelligent competent waiver accused discharge duty properly light strong presumption waiver constitutional right judge must investigate long thoroughly circumstances case demand fact accused may tell informed right counsel desires waive right automatically end judge responsibility valid waiver must made apprehensio nature charges statutory offenses included within range allowable punishments thereunder possible defenses charges circumstances mitigation thereof facts essential broad understanding whole matter judge make certain accused professed waiver counsel understandingly wisely made penetrating comprehensive examination circumstances plea tendered case graphically illustrates mere routine asking several standard questions followed signing standard written waiver leave judge entirely unaware facts essential informed decision accused executed valid waiver right counsel case shows routine inquiries may inadequate although constitution require circumstances counsel forced upon defendant carter people state illinois record demonstrates petitioner welcomed legal aid possible sources necessity forcing counsel twice designate counsel petitioner first occasion upon arraignment petitioner appears willingly cooperated appointed counsel two three minutes called upon act second occasion counsel named sole purpose moving withdraw plea guilty notwithstanding unfortunate first encounter counsel despite fact counsel designated second time obviously months late submit motion procedural rules complaint petitioner failed cooperate record filled evidence many witnesses petitioner persistently sought legal advice limited number people permitted see period close incarceration plea guilty entered apparent record plead guilty slightest deviation routine procedure revealed petitioner perplexity doubt testimony witnesses points unerringly existence uncertainty obviously surface petitioner statements judge fifth right counsel guaranteed constitution contemplates services attorney devoted solely interests client glasser pleading guilty petitioner undoubtedly received advice counsel indictment legal questions involved trial many matters concerning case counsel came solely government representatives lawyers record shows representatives uniformly courteous although indication ever deviated slightest course dictated loyalty government agents course association agents appears developed great confidence evidence indicates like confidence constitution contemplate prisoners shall dependent upon government agents legal counsel aid however conscientious able agents may undivided allegiance faithful devt ed service client prized traditions lawyer kind service sixth amendment makes provision nowhere service deemed honorable case appointment represent accused poor hire lawyer even though accused may member unpopular hated group may charged offense peculiarly abhorrent admitted circumstances support holding petitioner intelligently understandingly waived right counsel entitled counsel given government agents still entitled counsel life liberty taken said represents views justice black justice douglas justice murphy justice rutledge therefore reverse judgment circuit appeals set aside prior judgment district direct grant petitioner prayer release imprisonment judgment based plea guilty justice frankfurter justice jackson reasons stated separate opinion agree judgment circuit appeals reversed district prior judgment set aside opinion setting aside judgment district consider make explicit findings questions fact discussed separate opinion judgment circuit appeals reversed district set aside cause remanded district may hold hearings give consideration make explicit findings questions fact discussed separate opinion upon hearings consideration district finds petitioner competently intelligently full understanding implications waive constitutional right counsel order entered directing released custody judgment based plea ordered reversed cause remanded separate opinion justice frankfurter justice jackson joins appropriate disposition case turns truth petitioner allegation advised agent active case one merely associated however innocently persons parties criminal conspiracy equally guilty dealing doubt person intellectual acuteness rare indeed even extremely inintelligent layman understanding necessary decide course best calculated serve interests charged participation conspiracy easy abuses charge conspiracy may put occasioned weighty animadversion conference senior circuit judges port attorney general pp see also observations judge leare hand falcone affirmed subtleties refined distinctions charge conspiracy may give rise reflected decisions see kotteakos complexity law criminal conspiracy unfolded difficult comprehension laity defines types crimes thus may true petitioner accused might found net conspiracy reason relation acts acts others significance may appreciated may result application criteria delicate determine guilt usual substantial offenses accordingly agent acting member prosecution gave however honestly clearly erroneous legal might well induced believe guilty law expounded one represented government person petitioner situation might well thought defense futile mercy best hope might conclusion however innocent may deemed regard plea guilty made circumstances made without either advice counsel exclusively representing searching inquiry standing lay behind made necessary basis informed choice course accused exercise free intelligent choice considered approval may competently intelligently waive right assistance counsel guaranteed sixth amendment adams ex rel mccann see patton johnson zerbst must capacity make understanding choice absence subverting factors choice clearly free responsible choice beclouded whether duress misleading advice however honestly offered member prosecution plea guilty accepted without record discloses hardly called refusal put inner feeling innocence fair test law intelligent awareness consequences therefore agent admitted petitioner accurately stated advice district upon conflict testimony found memory truth lay petitioner escape conclusion circumstances petitioner plea guilty accepted measure safeguards heretofore enunciated accepting plea guilty especially sentence death hazard record however tell whether advice given colored plea guilty actually given unrevealing words cold record spoke clarity convey four brethren agree petitioner must discharged conversely district opinion conveyd findings radiates brethren conclude judgment affirmed unfortunately record give firm basis judgment regarding crucial issue agent advice petitioner disputed agent also lawyer talk discuss legal issues neither admitted denied whether course discussions expounded law hardly leave escape however innocent correct view law may even suggest even though remember confident given kind misleading legal information attributed contrary added quite possible von moltke memory better mine dead page connection rest agent testimony suggests scrupulous witness recreate tone voice gloss personality puts upon speech therefore unable determine whether petitioner pleaded guilty reliance palpably erroneous advice symbol prosecution owed accused petitioner position give accurate guidance gave district judge opinion resolve difficulties wrote tenuous guessing whether rejected petitioner account agent counseling whether attach issue legal significance deem controlling since record affords neither resolving evidence district finding deem circumstance controlling importance send cause back district proceedings view specific finding fact regarding conversation petitioner agent close recreation incident possible justice burton chief justice justice reed concur dissenting issues case factual deal largely credibility witnesses binding force decision precedent narrow however guard undue extension influence recorded dissent seems justified government contest release pei tioner establishes matter fact either long considered unequivocal plea guilty original proceedings violation espionage act written otherwise clearly stated waiver counsel proceedings freely intelligently knowingly made government vigorously contends failed proceeding establish either facts agree government failed failed entitled release printed record require reversal judgment uniform findings fact three trial judges separately saw heard amply sustainable petitioner made plea guilty filed waiver counsel open district judge arthur lederle october november consideration denial motion leave withdraw plea guilty sentenced district judge edward moinet made direct attack judgment accordingly considering exceptional burden proof must bear making collateral attack upon judgment year entered well examine process law led judgment arraignment september district judge edward moinet assigned counsel assist arraignment counsel advised stand mute conduct preserved full rights prejudiced position plea guilty entered left free stand change plea guilty later indication counsel done done thus made aware assign counsel assist fact testified arraignment moinet said appoint attorney right away understood gentleman expected come right away referred period arraignment addition contact attitude subject counsel frequently discussed subject counsel husband legal education also talked two lawyer friends husband came see friends although professionally likewise discussed situation many occasions representatives federal bureau investigation occasionally representatives attorney repeatedly urged husband anything consulted attorney basis advice decided plead guilty september although several defendants proceeding done testified follows husband advice decision september told get lawyer yes said plead guilty seen attorney question talk attorney first whole thing husband said wait lawyer comes decided plead guilty yes several days later finally determined plead guilty october expressly waived counsel open writing later asked stand week decided disregard advice husband given yes sir made decision yes yes words discussed situation satisfaction point reached conclusion plea guilty wish waive counsel constitutional provision required permitted counsel thrust upon wishes right decide di want discuss case anyone issue whether might benefited counsel mentally acute woman reasons made mind wished plead guilty waive counsel freely intelligently knowingly right action final subject motion withdraw plea regular course due process law appeal judgment rendered plea rules withdrawal plea made within ten days entry plea sentence imposed rules criminal appeals rule ii done judge lederle guard misunderstanding october especially inquired desired assistance counsel answered negative inquired plea answered guilty addition submitted written waiver counsel deferred sentence referred case probation officer investigation report ample time taken june taken judge moinet originally arraigned advised wished change plea judge informed entitled representation counsel attorney make motion permission withdraw plea preference counsel appoint counsel desired appoint matter left abeyance tried select counsel july wrote judge moinet advising preference soon thereafter appointed counsel purpose making motion assistance rendered counsel criticized secured judge moinet merely ruling upon procedural point untimeliness motion also specific findings bearing upon merits order made judge moinet year arraignment significant direct relation issue order read follows cause come hearing upon motion defendant grafin marianna von moltke leave withdraw plea guilty heretofore entered leave enter plea guilty indictment filed herein matter hearing submitted consideration said motion arguments presented behalf respective parties hereto specifically finds defendant grafin marianna von moltke properly advised constitutional rights prior time entered plea guilty indictment plea guilty entered several weeks filing indictment ment thereon submitted due careful deliberation defendant advised thoroughly understood nature charge contained indictment filed cause promises inducements threats made purpose obtaining plea guilty entry plea guilty due misrepresentations motion praying leave withdraw plea guilty filed within period fixed rule ii adopted america ordered said motion withdraw plea guilty entered defendant graffin grafin marianna von moltke entitled cause hereby denied november judge moinet asked defendant whether anything say judgment pronounced sufficient reason contrary shown appearing judge sentencd imprisonment four years began serving sentence however determination made government looking toward removal repatriation germany filed petition habeas corpus making present collateral attack original proceedings therefore asked review factual findings district made april district judge ernest habeas corpus proceeding way collateral attack review action district taken original proceeding judge lederle october judge moinet november proceedings habeas corpus based constitutional grounds vital preservation individual rights protection judicial process making way unjustified attacks upon process equally important preservation rights people whole attempted attack calls careful weighing claims made also proof submitted sustain claim attacking collaterally unappealed deliberate judicial proceedings heavy burden proof rests upon petitioner establish invalidity original plea waiver essential presumption regularity attaches judicial proceedings lightly rebutted johnson zerbst hawk olson judge recognized strength presumption heavy burden proof borne petitioner therefore held extended hearings petitioner many others appeared witnesses evidence included substantial showing trial judge accepting petitioner plea guilty original proceeding done satisfying careful questioning plea result threats promises knowledge right counsel petitioner voluntarily waived right conclusion hearings judge found petitioner failed sustain burden resting upon overwhelming weight evidence proceedings statement trial judge habeas corpus proceedings impressive entitled great weight petition filed cause petitioner directly implication charges district attorney case charge agents federal bureau investigation mislead misled made promises least degree influenced action pleading guilty charge opinion charges abandoned petitioner purposes record wish state vigorously absolutely nothing testimony sustaining charges implications conduct officials district attorney office agents federal bureau investigation meticulous safeguarding rights petitioner record utterly bare support petitioner contentions petitioner woman obviously good education average intelligence knowledge english fluent ample discussed case various people plea guilty entered fact request conference chief assistant district attorney wherein endeavored secure promises leniency convenience inducement plea guilty advancements petitioner course repudiated district attorney informed officials jurisdiction matter advent event plea guilty chief contention petitioner waiver right counsel competently intelligently made plea taken judge arthur lederle district evidence showed judge inquired understood charges made indictment answered affirmative judge inquired desired assistance counsel answered negative judge inquired plea answered guilty addition submitted signed waiver stating desire counsel substantial question case whether petitioner intelligently knowingly waived constitutional rights obligation sustain allegations petition preponderance evidence failed believe evidence overwhelming contentions petitioner intelligent mentally acute woman understood charge proceedings freely intelligently knowingly waived constitutional rights conclude therefore merit petition shall dismissed together writ circuit appeals affirmed judgment dismissing petition writ habeas corpus judgment brought called upon make review factual conclusions district habeas corpus proceedings due process law calls equal regard us interests government petitioner seeking nearest possible approximation truth necessarily printed record hand trial judge faced issues heard spoken words read saw original instruments see reproduced observed conduct expressions petitioner witnesses whereas make informed independent conjecture conduct expressions living record found factual issues overwhelmingly petitioner nothing printed record sufficient convince us seen witnesses heard testimony reached conclusion much less anything convinces us seen heard made justified reversing findings based upon us circumstances believe truth nearly approximated justice surely served reading printed record strong light trial judge factual conclusions attempting interpret record without giving large effect conclusions credibility inferences drawn aid ascertainment truth derived trial impartial observation witnesses dissipated process review appraisal living record entitled proportionately rather less reliance reviewing removed scene trial see district columbia pace johnson williams mfg shoe machinery delaney status enemy alien affect right counsel informed character plea guilty waiver counsel fact charge espionage act therefore carried technical possibility death penalty time roduce practical consideration actual danger suffering capital punishment accurately forecast general character sentence concerned primarily wish sentence served near family assistant district attorney stated write letter recommending imprisoned close family conspiracy exceptionally difficult define legal factual complexities nothing constitution prevents accused freely intelligently knowingly choosing plead guilty well complex charges reasons best known accused alternative standing trial charge right thus positively decided stand trial require counsel order freely intelligently knowingly waive counsel constitution bill rights fundamental principles government call careful sympathetic observance due process law guaranteed accused persons including enemy aliens like petitioner constitution however adopted also order establish justice insure domestic tranquility promote general welfare secure blessings liberty people whole end equally important review sympathetic understanding judicial process constitutionally administered courts majority ready affirm judgment record stands decision remand case findings mean established salutary general presumptions favor validity judicial proceedings favor trial conclusions credibility witnesses relaxed footnotes section defines substantive crime espionage section declares conspiracies violate unlawful stat waley johnston walker johnston johnson zerbst cf sunal large discussion use sic illustration rum runner well heard von moltke say since trying recall remember illustration see quite possible von moltke memory better mine may used illustration rule ii criminal appeals rules effective september required motions filed within ten days entry plea imposition sentence swift see hood achtner since liberalized rule federal rules criminal procedure following section effective march petitioner brief denied motion withdraw plea guilty taking testimony permitting petitioner take stand government challenged statement nothing record indicates judge allowed witnesses testify motion nevertheless judge consideration said motion arguments presented made purported findings fact effect pleaded guilty due careful deliberation time entered plea understood nature charge contained indictment neither majority minority opinion circuit appeals referred support denial motion withdraw plea guilty circuit appeals simply justified denial ground motion filed late subject see orfield criminal procedure arrest appeal plea guilty confession open waiver trial always received great caution duty see defendant thoroughly understands situation acts voluntarily receiving see also blackstone commentaries simple plain confession hath nothing award judgment usually backward receiving recording confession tenderness life subject generally advise prisoner retract plead indictment bowyer commentaries constitutional law england civil law allow man convicted bare confession corroborated evidence guilt may circumstances may induce innocent man accuse johnson zerbst see also adams ex rel mccann johnson zerbst glasser see note supra american bar association canons professional judicial ethics canon lawyer owes devotion interest client warm zeal maintenance defense rights exertion utmost learning ability end nothing taken withheld save rules law legally applied fear judicial disfavor public unpopularity restrain full discharge duty judicial forum client entitled benefit every remedy defense authorized law land may expect lawyer assert every remedy defense canon lawyer assigned counsel indigent prisoner ask excused trivial reason always exert best efforts behalf precise testimony group people plan violate law another person person know people planning violation know going still seemed two years plan carried law man present becomes person nevertheless guilty conspiracy law course precisely contrary falcone agent discussion use sic illustration rum runner well heard von moltke say since trying recall remember illustration see quite possible von moltke memory better mine may used illustration district judge indicated abandonment charges federal bureau investigation mislead sic made promises least degree influenced action pleading guilty charge purpose record stated vigorously absolutely nothing testimony sustaining charges implications appear record petitioner abandoned charge coercion nothing bttress suggestion abandoned charge misled agent therefore read statement referring threats promises induce confession petitioner district judge gave intimation whatever view plea guilty connection circumstances deemed intelligently tendered fact influenced agent exposition law asserted petitioner nowhere suggestion although agent prepared say memory interview false incorrect district judge rejected account see adams ex rel mccann