mempa
rhay
argued
decided
november
together
walkling
washington
state
board
prison
terms
paroles
also
certiorari
petitioner
pleaded
guilty
advice
counsel
offense
joyriding
placed
probation
two
years
imposition
sentence
deferred
washington
state
law
ground
petitioner
thereafter
involved
burglary
prosecutor
four
months
later
moved
petitioner
probation
revoked
revocation
hearing
petitioner
represented
counsel
asked
previous
counsel
wanted
counsel
acknowledged
involvement
alleged
burglary
probation
officer
testified
without
according
information
petitioner
involved
burglary
previously
denied
participation
without
questioning
petitioner
thereupon
revoked
probation
accordance
state
law
imposed
maximum
sentence
years
stated
recommend
parole
board
serve
one
year
six
years
later
petitioner
sought
writ
habeas
corpus
state
claiming
denied
right
counsel
proceeding
probation
revoked
sentence
imposed
denied
petition
petitioner
convicted
second
degree
burglary
following
guilty
plea
entered
advice
retained
counsel
placed
probation
three
years
imposition
sentence
deferred
year
later
arrested
forgery
grand
larceny
allegedly
committed
probation
expiration
week
continuance
probation
revocation
hearing
granted
enable
petitioner
retain
counsel
petitioner
appeared
without
counsel
informed
retained
attorney
supposed
present
short
wait
proceeded
hearing
absence
counsel
without
offering
appoint
counsel
probation
officer
gave
hearsay
testimony
petitioner
committed
acts
forgery
grand
larceny
whereupon
revoked
probation
imposed
maximum
sentence
years
previous
second
degree
burglary
conviction
year
later
petitioner
filed
habeas
corpus
petition
state
claiming
denial
right
counsel
combined
probation
revocation
sentencing
proceeding
denied
petition
held
sixth
amendment
applied
due
process
clause
fourteenth
amendment
requires
counsel
afforded
felony
defendant
proceeding
revocation
probation
imposition
deferred
sentencing
pp
time
sentencing
critical
stage
criminal
case
counsel
presence
necessary
ensure
conviction
sentence
based
misinformation
misreading
records
townsend
burke
gideon
wainwright
pp
though
state
washington
trial
judge
required
time
sentencing
impose
maximum
term
actual
length
term
served
determined
parole
board
judge
prosecutor
required
recommend
length
time
served
supply
board
information
crime
defendant
marshaling
facts
connection
functions
requires
aid
counsel
services
counsel
deferred
sentencing
stage
necessary
ensure
certain
rights
appeal
seasonably
asserted
afford
defendant
substantial
assistance
may
necessary
various
situations
stage
pp
evan
schwab
appointment
argued
cause
filed
brief
petitioners
cases
stephen
way
assistant
attorney
general
washington
argued
cause
respondents
cases
brief
john
attorney
general
joined
macdonald
gallion
alabama
arthur
bolton
georgia
allan
shepard
idaho
james
erwin
maine
helgi
johanneson
north
dakota
attorneys
general
respective
robert
button
attorney
general
virginia
reno
harp
iii
assistant
attorney
general
amici
curiae
patrick
hughes
filed
brief
national
legal
aid
defender
association
amicus
curiae
urging
reversal
earl
faircloth
attorney
general
florida
wallace
allbritton
assistant
attorney
general
filed
brief
state
florida
amicus
curiae
joined
supported
allan
shepard
attorney
general
idaho
justice
marshall
delivered
opinion
consolidated
cases
raise
question
extent
right
counsel
time
sentencing
sentencing
deferred
subject
probation
petitioner
jerry
douglas
mempa
convicted
spokane
county
superior
june
offense
joyriding
rev
code
conviction
based
plea
guilty
entered
advice
counsel
placed
probation
two
years
condition
inter
alia
first
spend
days
county
jail
imposition
sentence
deferred
pursuant
rev
code
four
months
later
spokane
county
prosecuting
attorney
moved
petitioner
probation
revoked
ground
involved
burglary
september
hearing
held
spokane
county
superior
october
petitioner
mempa
years
old
time
accompanied
hearing
stepfather
represented
counsel
asked
whether
wished
counsel
appointed
inquiry
made
concerning
appointed
counsel
previously
represented
hearing
mempa
asked
true
involved
alleged
burglary
answered
affirmative
probation
officer
testified
without
according
information
petitioner
involved
burglary
previously
denied
participation
without
asking
petitioner
anything
say
evidence
supply
immediately
entered
order
revoking
petitioner
probation
sentenced
years
penitentiary
stated
recommend
parole
board
mempa
required
serve
year
mempa
filed
pro
se
petition
writ
habeas
corpus
washington
claiming
deprived
right
counsel
proceeding
probation
revoked
sentence
imposed
washington
denied
petition
june
vote
six
three
mempa
rhay
granted
certiorari
consider
questions
raised
petitioner
william
earl
walkling
convicted
thurston
county
superior
october
burglary
second
degree
basis
plea
guilty
entered
advice
retained
counsel
placed
probation
three
years
imposition
sentence
deferred
conditions
probation
required
serve
days
county
jail
make
restitution
may
bench
warrant
arrest
issued
based
report
violated
terms
probation
left
state
february
walkling
arrested
charged
forgery
grand
larceny
transferred
back
thurston
county
brought
may
hearing
petition
prosecuting
attorney
revoke
probation
petitioner
requested
continuance
enable
retain
counsel
granted
week
may
hearing
called
walkling
appeared
without
lawyer
informed
retained
attorney
supposed
present
waiting
minutes
went
ahead
hearing
absence
petitioner
counsel
offered
appointed
counsel
counsel
appointed
requested
whether
made
request
appear
record
hearing
probation
officer
presented
hearsay
testimony
effect
petitioner
committed
acts
alleged
separate
counts
forgery
separate
counts
grand
larceny
charged
petitioner
previously
time
arrest
thereupon
revoked
probation
imposed
maximum
sentence
years
walkling
prior
second
degree
burglary
conviction
failure
state
keep
record
proceeding
nothing
known
whether
walkling
advised
right
appeal
however
take
appeal
may
walkling
filed
habeas
corpus
petition
washington
claiming
denial
right
counsel
combined
probation
revocation
sentencing
proceeding
petition
denied
authority
prior
decision
mempa
rhay
supra
granted
certiorari
cases
consolidated
argument
held
townsend
burke
absence
counsel
sentencing
plea
guilty
coupled
assumptions
concerning
criminal
record
materially
untrue
deprived
defendant
case
due
process
justice
jackson
stated
conclusion
case
counsel
might
changed
sentence
taken
steps
see
conviction
sentence
predicated
misinformation
misreading
records
requirement
fair
play
absence
counsel
withheld
prisoner
moore
michigan
denial
due
process
found
defendant
intelligently
understandingly
waive
counsel
entering
plea
guilty
emphasized
prejudice
stemming
absence
counsel
hearing
degree
crime
following
entry
guilty
plea
stated
right
counsel
right
confined
representation
trial
merits
hamilton
alabama
held
failure
appoint
counsel
arraignment
deprived
petitioner
due
process
notwithstanding
fact
simply
pleaded
guilty
time
alabama
law
certain
defenses
raised
abandoned
see
also
reece
georgia
white
maryland
foregoing
cases
exception
white
decided
reign
betts
brady
accordingly
relied
various
special
circumstances
make
right
counsel
applicable
gideon
wainwright
however
betts
overruled
held
sixth
amendment
applied
due
process
clause
fourteenth
amendment
applicable
accordingly
absolute
right
appointment
counsel
felony
cases
occasion
gideon
enumerate
various
stages
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proceeding
counsel
required
townsend
moore
hamilton
betts
requirement
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circumstances
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clearly
stand
proposition
appointment
counsel
indigent
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stage
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proceeding
substantial
rights
criminal
accused
may
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townsend
burke
supra
illustrates
critical
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well
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courts
concluded
sixth
amendment
right
counsel
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federal
cases
state
however
argues
petitioners
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originally
placed
probation
imposition
sentence
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revocation
effect
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revocation
proceeding
true
sentencing
washington
offers
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opportunities
exercise
judicial
discretion
many
jurisdictions
applicable
statute
requires
trial
judge
cases
sentence
convicted
person
maximum
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law
offense
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rev
code
actual
determination
length
time
served
made
board
prison
terms
paroles
within
six
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person
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rev
code
hand
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judge
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case
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farmer
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ex
rel
elksnis
gilligan
supp
cf
machibroda
likewise
washington
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farmer
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footnotes
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impose
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kadish
advocate
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rev
martin
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state
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term
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generally
newman
conviction
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guilt
innocence
without
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perspectives
plea
bargaining
president
commission
law
enforcement
administration
justice
task
force
report
courts