gryger
burke
argued
decided
june
rehearing
denied
gryger
burke
archibald
cox
cambridge
petitioner
franklin
barr
philadelphia
respondent
justice
jackson
delivered
opinion
commonwealth
pennsylvania
holds
petitioner
prisoner
life
sentence
habitual
criminal
claim
protesting
denial
state
petition
writ
habeas
corpus
federal
constitution
requires
pennsylvania
release
due
process
law
grounds
sene
nced
life
offender
without
counsel
offer
counsel
one
convictions
sentence
based
occurred
enactment
pennsylvania
habitual
criminal
statute
therefore
unconstitutionally
retroactive
ex
post
facto
sentencing
act
unconstitutionally
subjects
double
jeopardy
outset
face
suggestion
case
properly
decided
merits
matter
state
law
attack
life
sentence
may
premature
since
petitioner
validly
restrained
prior
sentences
expiring
least
february
even
life
sentence
invalidated
members
prefer
affirm
judgment
ground
however
since
state
law
question
free
difficulty
issue
fully
litigated
since
conclusion
reached
dispose
case
manner
beginning
age
seventeen
petitioner
arrested
eight
times
crimes
violence
followed
instance
plea
guilty
conviction
respondent
petitioner
deny
last
years
life
years
spent
jail
schedule
pleas
convictions
pertinent
data
appended
italics
four
basis
information
filed
charging
fourth
offender
brought
limited
charge
acknowledged
identity
convict
previous
cases
given
life
sentence
pursuant
act
without
counsel
said
neither
advised
right
obtain
counsel
counsel
offered
rather
overstrains
credulity
believe
one
defendant
eight
times
counsel
twice
waged
defenses
albeit
unsuccessful
ones
know
right
engage
counsel
request
appears
question
fact
fourth
offender
charge
whether
person
convicted
four
cases
admitted
deny
question
sentence
appear
information
helpful
petitioner
unknown
said
sentencing
judge
prejudiced
defendant
mistake
construing
pennsylvania
habitual
criminal
act
regarded
mandatory
sentence
discretionary
neither
clear
sentencing
construed
statute
empowered
pronounce
error
pennsylvania
law
clear
trial
view
defendant
long
criminal
record
considered
duty
impose
life
sentence
referred
one
act
nothing
indicate
felt
constrained
impose
penalty
except
facts
warranted
event
pennsylvania
courts
say
law
duty
discretion
may
nothing
record
impeaches
fairness
temperateness
trial
judge
approached
task
action
affirmed
highest
commonwealth
liberty
conjecture
trial
acted
interpretation
state
law
different
might
adopt
set
interpretation
basis
declaring
due
process
denied
treat
mere
error
state
law
one
occurred
denial
due
process
otherwise
every
erroneous
decision
state
state
law
come
federal
constitutional
question
considered
length
obligation
provide
counsel
defendants
plead
guilty
offenses
bute
illinois
notwithstanding
resourceful
argument
assigned
counsel
think
precedent
settles
issue
exceptional
circumstances
present
circumstances
disclosed
record
us
state
failure
provide
counsel
petitioner
plea
fourth
offender
charge
render
conviction
sentence
invalid
think
fact
one
convictions
entered
calculations
petitioner
became
fourth
offender
occurred
act
passed
makes
act
invalidly
retroactive
subjects
petitioner
double
jeopardy
sentence
fourth
offender
habitual
criminal
viewed
either
new
jeopardy
additional
penalty
earlier
crimes
stiffened
penalty
latest
crime
considered
aggravated
offense
repetitive
one
cf
moore
missouri
mcdonald
massachusetts
graham
west
virginia
carlesi
new
york
pennsylvania
ex
rel
sullivan
ashe
judgment
affirmed
table
pleas
convictions
date
charge
plea
sentence
burglary
guilty
year
assault
battery
guilty
year
carrying
concealed
deadly
weapon
burglary
breaking
guilty
committed
entering
intent
reformatory
commit
felony
indefinitely
armed
robbery
armed
guilty
years
assualt
entering
intent
rob
burglary
carrying
guilty
receiving
stolen
concealed
deadly
weapon
goods
carrying
years
concealed
deadly
weapon
burglary
receiving
stolen
guilty
receiving
years
offenses
stolen
goods
burglary
guilty
years
aggravated
assault
guilty
suspended
battery
justice
rutledge
justice
black
justice
douglas
justice
murphy
join
dissenting
even
upon
narrow
view
majority
adhere
concerning
scope
right
counsel
criminal
cases
guaranteed
fourteenth
amendment
requirement
due
process
law
square
decision
case
made
townsend
burke
opinion
case
declares
disadvantage
absence
counsel
aggravated
circumstances
showing
resulted
prisoner
actually
taken
advantage
prejudiced
make
case
violation
due
process
view
finds
townsend
prejudiced
trial
action
sentencing
basis
either
misinformation
sum
itted
concerning
prior
criminal
record
misreading
record
carelessness
respect
basis
gryger
sentence
invalid
although
finds
exceptional
circumstances
inducing
prejudice
finds
townsend
case
record
judgment
reveal
circumstance
one
working
induce
prejudice
exactly
point
townsend
namely
upon
critical
question
sentence
far
record
reveals
gryger
sentenced
life
imprisonment
working
misconception
life
term
mandatory
discretionary
pennsylvania
habitual
criminal
act
exactly
opposite
true
explicit
terms
statute
puts
imposition
life
imprisonment
upon
fourth
offenders
discretion
judge
moreover
appeal
sentence
authorized
alleged
legal
errors
also
justice
thereof
costs
appeal
reasonable
counsel
fee
paid
commonwealth
spite
discretion
duty
exercise
sentencing
judge
remarking
question
whether
petitioner
person
suffered
prior
convictions
repeatedly
spoke
life
sentence
mandatory
statements
quoted
margin
typical
immaterial
sentence
might
probably
imposed
exercise
discretion
petitioner
entitled
sentence
pronounced
manner
automatic
mandate
statute
denial
essence
judicial
process
exercise
discretion
discretion
required
denial
due
process
merely
error
state
law
concern
speculate
whether
sentence
pronounced
discretion
exercised
moreover
misconception
together
absence
counsel
deprived
petitioner
chance
heard
crucial
question
sentence
matter
left
hearing
vital
one
plea
guilty
received
even
assumed
says
knew
right
counsel
frequent
prior
appearances
still
assumed
indeed
record
substantially
disproves
knew
exact
terms
habitual
criminal
act
therefore
misled
seem
language
giving
hint
discretionary
power
made
plea
mitigation
representative
correct
misconception
present
considerations
might
induced
sentence
less
severe
one
pronounced
paraphrase
concluding
sentence
opn
ion
townsend
case
might
changed
sentence
taken
steps
see
sentence
predicated
misconception
misreading
controlling
statute
requirement
fair
play
absence
counsel
withheld
prisoner
find
difficult
comprehend
misreading
misinformation
concerning
facts
record
vital
proper
exercise
sentencing
function
prejudicial
deprives
defendant
due
process
law
misreading
misconception
controlling
statute
matter
vital
imposing
mandatory
sentence
exercising
discretion
concerning
effect
perhaps
difference
serves
illustrate
capricious
results
right
counsel
made
depend
upon
mandate
constitution
upon
vagaries
whether
judges
different
regard
incident
course
particular
criminal
proceedings
prejudicial
footnotes
penal
code
respondent
contested
case
merits
assume
pennsylvania
passed
petitioner
allegations
deprivation
federal
constitutional
rights
issues
therefore
open
herndon
lowry
pennsylvania
frequently
held
state
constitutional
provision
according
defendants
right
heard
counsel
require
appointment
counsel
noncapital
cases
see
example
commonwealth
ex
rel
mcglinn
smith
commonwealth
ex
rel
withers
ashe
see
also
betts
brady
pennsylvania
statutes
require
destitute
dependents
accused
murder
shall
assigned
counsel
act
march
tit
section
provides
prior
convictions
shown
trial
fourth
offense
defendant
upon
conviction
sentenced
discretion
judge
trying
case
imprisonment
state
penitentiary
term
natural
life
section
authorizes
procedure
followed
instant
case
separate
proceeding
information
within
two
years
fourth
conviction
provides
may
sentence
imprisonment
life
prescribed
clause
section
statute
vests
discretion
sentencing
judge
clearly
recognized
commonwealth
highest
commonwealth
ex
rel
foster
ashe
becomes
duty
act
assembly
treat
case
say
person
found
guilty
fourth
time
felony
within
prescribed
period
impose
sentence
required
act
words
law
come
viewpoint
fourth
offender
must
removed
possibility
ever
committing
offense
dubious
assumption
seem
view
fact
pennsylvania
generally
confines
right
counsel
criminal
trials
capital
cases
see
commonwealth
ex
rel
mcglinn
smith
commonwealth
ex
rel
withers
ashe
cf
note
text
petitioner
served
information
charging
fourth
offender
confined
penitentiary
without
financial
means
preparing
defense
alleged
without
contradiction
prison
authorities
refused
request
copy
habitual
criminal
act
answer
course
say
petitioner
need
statute
assistance
previous
trips
courts
whatever
knowledge
procedures
may
acquired
unfamiliar
fourth
offender
act
even
petitioner
secured
access
prior
hearing
materials
needed
prepare
defense
adequately
informed
statute
terms
rights
thereunder
highly
unrealistic
assume
petitioner
capable
adequately
presenting
case
hearing
pleadings
filed
telling
witness
limited
intelligence
education
hearing
obvious
petitioner
unable
comprehend
issues
involved
assistant
district
attorney
representing
commonwealth
remarked
understand