betts brady argued decided june jesse slingluff van velsor wolf william marbury baltimore petitioner william walsh baltimore robert clapp frederick respondent justice roberts delivered opinion petitioner indicted robbery circuit carroll county maryland due lack funds unable employ counsel informed judge arraignment requested counsel appointed judge advised done practice carroll county appoint counsel indigent defendants save prosecutions murder rape without waiving asserted right counsel petitioner pleaded guilty elected tried without jury request witnesses summoned behalf state witnesses examined latter gave testimony tending establish alibi although afforded opportunity take witness stand judge found guilty imposed sentence eight years serving sentence petitioner filed judge circuit washington county maryland petition writ habeas corpus alleging deprived right assistance counsel guaranteed fourteenth amendment federal constitution writ issued cause heard contention rejected remanded custody prison warden months later petition writ habeas corpus presented hon carroll bond chief judge appeals maryland setting grounds prisoner release former petition respondent answered hearing afforded agreed statement facts offered counsel parties evidence taken petitioner trial incorporated record cause argued judge bond granted writ reasons set forth opinion denied relief prayed remanded petitioner respondent custody petitioner applied certiorari directed judge bond writ issued account importance jurisdictional questions involved conflicting upon constitutional question presented awarding writ requested counsel discuss jurisdiction whether decision within meaning section judicial code whether state remedies either appeal application judges state bene exhausted sec judicial code declares competent review upon certiorari cause wherein final judgment rendered highest state decision federal question judge bond judgment within meaning statute answer must made light applicable law maryland art state constitution provides judges shall virtue offices conservators peace throughout state sec art public general laws maryland flack edition invests appeals chief judge thereof circuit courts respective counties several judges thereof superior baltimore city common pleas city circuit circuit baltimore city baltimore city judges said courts judge appeals city baltimore power grant writs habeas corpus exercise jurisdiction matters pertaining thereto although settled grant appeals power issue writ unconstitutional although statute confer individual judges appeals power issue writ proceed thereon nevertheless judges conservators peace power quoted section constitution event judge bond chief judge appeals judge city baltimore empowered act sections inclusive inclusive statute prescribe procedure governing issue writ service return hearing question made judge bond complied provisions therefore apparent respects acted judicial capacity proper person judicial tribunal jurisdiction upon pleadings proofs hear adjudicate issue legality petitioner detention judge bond sitting term time member clothed power act one members judgment within scope doubt judgment present instance arises decision mcknight james refused review denial discharge judge inferior ohio issued writ heard case chambers appeared petitioner addressed petition judge circuit instead reason order judge reviewable ohio writ addressed circuit though heard single judge petitioner exhausted state remedy since though obtained decision highest state avoided sought come directly order circuit judge theory judge order final order highest state decide case later decision referred cognate cases deciding appeals lie orders judges fundamental reason denying jurisdiction appellant exhausted state remedies view said power judge bond judicial tribunal hear finally decide cause judicial quality action opinion judgment within intendment sec judgment entered comply requirement sec must final judgment rendered highest decision answer must made light applicable law maryland judgment final sense order maryland judge habeas corpus case whatever belongs reviewable maryland except specific instances named statutes inapplicable true order final petitioner exhausted state remedies sense maryland england many federal courts prisoner may apply sively one judge another one another without exhausting right think circumstance deny judgment given case quality finality requisite jurisdiction although judgment final sense subject review state may discretion refuse writ higher state another petition relief sought case hold since successive applications courts judges maryland may made right judgment case final deny recourse cases since judge bond order final disposition highest maryland judgment issue joined instant petition jurisdiction review petitioner conviction sentence deprivation liberty without due process law violation fourteenth amendment refusal appoint counsel request sixth amendment national constitution applies trials federal courts due process clause fourteenth amendment incorporate specific guarantees found sixth although denial state rights privileges specifically embodied others first eight amendments may certain circumstances connection elements operate given case deprive litigant due process law violation fourteenth due process law secured invasion federal government fifth amendment safeguarded state action identical words fourteenth phrase formulates concept less rigid fluid envisaged specific particular provisions bill rights application less matter rule asserted denial tested appraisal totality facts given case may one setting constitute denial fundamental fairness shocking universal sense justice may circumstances light considerations fall short denial application concept always danger falling habit formulating guarantee set hard fast rules application given case may ignore qualifying factors therein disclosed petitioner instance asks us effect apply rule enforcement due process clause says rule deduced former decisions every case whatever circumstances one charged crime unable obtain counsel must furnished counsel state expressions opinions lend color petitioner admits none decisions squarely adjudicates question presented powell alabama ignorant friendless negro youths strangers community without friends means obtain counsel hurried trial capital offense without effective appointment counsel burden preparation trial rest without adequate opportunity consult even counsel casually appointed represent occurred state whose statute law required appointment counsel indigent defendants prosecuted offense charged thus trial conducted disregard every principle fairness disregard declared law state requisite fair trial held resulting convictions without due process law said light facts failure trial afford defendants reasonable time opportunity secure counsel clear denial due process stated circumstances necessity counsel vital imperative failure trial make effective appointment counsel likewise denial due process added criminal prosecutions circumstances need determine necessary decide decide capital case defendant unable employ counsel incapable adequately making defense ignorance feeblemindedness illiteracy like duty whether requested assign counsel necessary requisite due process law likewise avery alabama state law required appointment counsel claim felt required examination powell case purported compliance requirement amounted mere lip service scrutiny record disclosed counsel appointed defendant afforded adequate opportunity prepare defense aid counsel therefore overruled contention due process denied smith petition habeas corpus alleged failure appoint counsel averred facts established prove trial mere sham pretense offensive concept due process also state law required appointment counsel one trial offence involved cases petitioner chief reliance rule question decide whether due process law demands every criminal case whatever circumstances state must furnish counsel indigent defendant furnishing counsel cases whatever dictated natural inherent fundamental principles fairness answer question may found common understanding lived american system law sixth amendment people ordained criminal prosecutions accused right assistance counsel defence construed provision require appointment counsel cases defendant unable procure services attorney right intentionally competently waived though noted amendment lays rule conduct question recurs whether constraint laid amendment upon national courts expresses rule fundamental essential fair trial due process law made obligatory upon fourteenth amendment relevant data subject afforded constitutional statutory provisions subsisting colonies prior inclusion bill rights national constitution constitutional legislative judicial history present date constitute authoritative sources ascertaining considered judgment citizens upon question constitutions thirteen original time federal union exhibit great diversity respect right counsel criminal cases rhode island constitutional provision subject north carolina south carolina none virginia never maryland new york adopted provisions effect defendant accused crime counsel constitutional mandate accused right heard counsel adopted pennsylvania new hampshire delaware connecticut massachusetts ordained defendant right heard counsel election georgia provided accused might heard counsel new jersey guaranteed accused privileges witnesses counsel prosecutors shall entitled art substance provisions colonial early state constitutions explained contemporary common law originally england prisoner permitted heard counsel upon general issue guilty indictment treason felony practice english judges however permit counsel advise defendant conduct case represent collateral matters respects questions law arising upon trial rule relaxed extent permitting one accused treason privilege heard counsel rule forbidding participation counsel stood however indictments felony statute accorded right defend counsel summary convictions charges felony misdemeanor cases prosecutions treason rule defense must conducted either defendant person counsel might participate trial light common law practice evident constitutional provisions effect defendant counsel right heard counsel might heard election intended away rules denied representation whole part counsel criminal prosecutions aimed compel state provide counsel defendant least construction state courts legislators said lack reasonable basis statutes force thirteen original time adoption bill rights also illuminating interest matter appointment counsel defendants dealt dealt statute rather constitutional provision contemporary legislation exhibits great diversity policy constitutions presently force save virginia contain provisions respect assistance counsel criminal trials nine may said embody guarantee textually sixth amendment like import fundamental law however language used indicates defendant denied privilege representation counsel choice three guarantee whether exact phraseology sixth amendment held require appointment cases defendant unable procure counsel six provisions one like sixth amendment held require appointment counsel indigent defendants eight provisions one sixth amendment evidently viewed requiring appointment since courts enforced statutes making appointment discretionary obligatory prosecutions capital offenses felonies twelve seems understood constitutional provision require appointment counsel since statutes greater less antiquity call appointment capital cases cases felony grave crime refer matter discretion eighteen statutes require appoint cases defendants unable procure counsel always statutory requirement seems assumed many legislatures matter one regulation time time deemed necessary since laws requiring appointment cases modified require case certain offenses material demonstrates great majority considered judgment people representatives courts appointment counsel fundamental right essential fair trial contrary matter generally deemed one legislative policy light evidence unable say concept due process incorporated fourteenth amendment obligates whatever may views furnish counsel every case every power deems proper appoint counsel course seems required interest fairness practice courts maryland gives point principle respect construction fourteenth amendment judge bond opinion counsel bar confirmed fact maryland usual practice defendant waive trial jury petitioner present case trials judge bond remarks much informal jury trials obvious judge much better control course trial better position see impartial justice done formalities jury trial involved case question commission robbery state case consisted evidence identifying petitioner perpetrator defense alibi petitioner called examined witnesses prove another place time commission offence simple issue veracity testimony state defendant judge bond says accused helpless man years old ordinary intelligence ability take care interests trial narrow issue criminal pleaded guilty larceny served sentence wholly unfamiliar criminal procedure quite clear maryland situation otherwise appeared petitioner reason serious disadvantage reason lack counsel refusal appoint resulted reversal judgment conviction recently appeals reversed conviction convinced whole record accused tried without counsel handicapped lack representation deduce due process clause rule binding upon matter impose upon judge bond points requirement without distinction criminal charges different magnitude respect courts varying jurisdiction says small crimes tried justices peace capital charges tried higher courts equally require appointment counsel presumably argued trials traffic require indeed said petitioner counsel fourteenth amendment extends protection due process property well life liberty hold petitioner logic require furnishing counsel civil cases involving property said fourteenth amendment prohibits conviction incarceration one whose trial offensive common fundamental ideas fairness right want counsel particular case may result conviction lacking fundamental fairness say amendment embodies inexorable command trial offense fairly conducted justice accorded defendant represented counsel judgment affirmed affirmed justice black dissenting justice douglas justice murphy concur hold petitioner constitutional right counsel case require us say trial offense fairly cnducted justice accorded defendant represented counsel case determined resolution narrower question whethr view nature offense circumstances trial conviction petitioner denied procedural protection right federal constitution think petitioner farm hand job relief indicted maryland state charge robbery poor hire lawyer informed requested counsel appointed defend request denied put trial without lawyer conducted defense found guilty sentenced eight years imprisonment found petitioner least ordinary amount intelligence clear examination witnesses man little education case come us federal clear reverse sixth amendment makes right counsel criminal cases inviolable federal government believe fourteenth amendment made sixth applicable view although often urged dissents never accepted majority accepted today statement grounds supporting therefore unnecessary time believe however prevailing view due process reflected opinion announced view gives vast supervisory powers prepared accept swithout grave doubts judgment reversed declared due process law denied trial conducted manner universal sense justice common fundamental ideas fairness right another occasion recgnized whatever concept ordered liberty substance hearing within procedural protection afforded constitutional guaranty due process palko connecticut right counsel criminal proceeding powell alabama grosjean american press guarded invasion sixth amendment adopted raise effective barrier arbitrary unjust deprivation liberty federal government johnson zerbst historical evaluation right full hearing criminal cases dangers denying set powell case said hearing include historically practice country least always included right aid counsel desired provided party asserting right even telligent educated layman lacks skill knowledge adequately prepare defense even though perfect one requires guiding hand counsel every step proceedings without though guilty faces danger conviction know establish innocence powell alagama supra cf johnson zerbst supra practice reconciled fundamental ideas fairness right subjects innocent men increased dangers conviction merely proverty whether man innocent determined trial denial counsel made impossible conclude satisfactory degree crtainty defendant case adequately presented one questions due process requires hearing conviction sentence serious crime robbery wisconsin said little like mockery secure pauper solemn constitutional guaranties fair full trial matters charged yet say trial must employ counsel alone render guaranties real permanent value great solicitude secure fair trial benefit counsel carpenter dane county denial poor request counsel proceedings based charges serious crime long regarded shocking sense justice throughout country example indiana said thought civilized community moment citizen put jeopardy life liberty debarred counsel poor employ aid respected respect sit hear trial defence poor cases duty resting somewhere conceded essential accused public webb baird ind shown agreement constitutional provisions statutes established practice judicially approved assure man shall deprived counsel merely proverty practice seems defeat promise democratic society provide equal justice law appendix require indigent defendants well capital criminal cases provided counsel request statute arizona revised statutes arizona territory penal code pt ii title vii arizona code vol iii arkansas compiled laws arkansas territory crimes misdemeanors pope digest vol california california penal code deering penal code idaho territorial criminal practice act idaho code illinois criminal code jones cf laws see also vise county hamilton iowa territorial laws courts iowa code kansas see compilation published doc art laws louisiana act may territory orleans dart louisiana code criminal procedure title xiii art minnesota minnesota general laws lxxii mason minnesota statutes missouri digest laws missouri territory crimes misdemeanours montana montana territory criminal practice act laws montana codified revised code nebraska general statutes compiled nevada act november compiled laws vol compiled laws vol new hampshire laws laws new jersey act march paterson laws new jersey new york code criminal procedure enacted still force see people supervisors albany county north dakota dakota territory code procedure rev codes criminal procedure compiled laws vol ii ohio act february chase statutes ohio vol ii throckmorton ohio code vol ii oklahoma oklahoma territorial title oregon act october general laws laws compiled laws vol iii south dakota dakota territory code procedure rev codes criminal procedure code vol ii tennessee code code ss utah laws territory utah criminal procedure washington statutes territory washington criminal practice act remington revised statutes vol iv wyoming laws wyoming territory criminal procedure judicial decision established practice judicially approved connecticut account early practice connecticut see zephaniah swift system laws state connecticut vol ii chief justice prisoner called upon plead asks prisoner desires counsel requested always granted matter course naming counsel appoint assign cause prisoner decline request name counsel trial especially case minors assign proper counsel counsel assigned inquire whether advised prisoner ready plead allow proper time purpose usually case prisoner previously employed consulted counsel course prepared plead see powell alabama see also connecticut general statutes revision florida cutts state see compiled general laws capital crimes indiana webb baird ind see also knox county council state ex rel mccormick ind state hilgemann ind michigan people crandell pennsylvania commonwealth richards see com ex rel mclinn smith virginia watkins commonwealth west virginia state kellison wisconsin carpenter dane county see constitutional provision georgia constitution art par see martin georgia kentucky kentucky constitution see fugate commonwealth ii without constitutional provision statutes judicial decisions clearly establishing requirement colorado general laws colorado vol amended laws see abshier people delaware see laws delaware id maine see massachusetts see mcdonald commonwealth mass new mexico north carolina rhode island see state hudson general laws south carolina see state jones code vol vermont iii dicta judicial opinions harmony decision case alabama gilchrist state mississippi reed state miss iv requirement counsel indigent defendants noncapital cases affirmatively rejected maryland see however coates state decided april texas gilley state cf brady state footnotes mcknight wilson lanagan boyd carey brady com ex rel schultz smith com ex rel mcglinn smith state glenn md sevinskey wagus md ex parte md ex parte maulsby md craig hecht bell state gill ex parte md coston md coston coston md state glenn md mayor city annapolis howard md jones doe md judge bond intimates art amended laws permits use rule show cause cf holiday johnston form preliminary inquiry avoid necessity issue writ hearing redundant petition filed disclosing new matter see salinger loisel determined however case issue writ afford hearing tenner dullea dawson twitchell pennsylvania wall spies illinois sawyer brooks missouri eilenbecker district west louisiana howard kentucky hurtado california maxwell dow west louisiana twining new jersey frank mangum snyder massachusetts palko connecticut compare twining new jersey powell alabama palko connecticut compare lisenba california powell alabama grosjean american press johnson zerbst avery alabama johnson zerbst chitty criminal law vol chitty supra vol rex parkins ii rex white camp reg boucher connecticut statute although custom courts assign counsel criminal cases swift laws connecticut vol ii delaware penn laws ch xxii pennsylvania act may iii mitchell flanders statutes large vol iii provided appointment case death georgia never law subject maryland law time adoption bill rights act massachusetts gave right counsel appointed cases treason misprision treason laws commonwealth massachusetts ch lxxi vol ii appendix act new hampshire required appointment cases punishment death metcalf laws new hampshire vol pp act new jersey mch required appointment case person tried upon indictment acts general assembly session ch dxxxii new york apparently statute subject see act laws new york sessions vol pp act north carolina made provision appointment accorded defendants right counsel laws north carolina pp rhode island statute one passed words sixth amendment laws south carolina act august limited appointment capital cases grimke car pub laws virginia act enacted respect one charged treason felony shall allow counsel desire hening statutes virginia vol georgia art par iowa art sec louisiana art sec michigan rights art ii sec minnesota art sec new jersey art sec north carolina art sec rhode island art sec west virginia art iii sec assert right defendant appear defend person counsel arizona art ii sec colorado art ii sec illinois art ii sec missouri art ii sec montana art iii sec new mexico art ii sec south dakota art vi sec utah art sec wyoming art sec others phrase right heard counsel arkansas art ii sec delaware art sec indiana art sec kentucky bill rights sec pennsylvania art sec tennessee art sec vermont ch art counsel connecticut art sec counsel new hampshire bill rights art oklahoma art ii sec oregon art sec wisconsin art sec counsel either alabama art sec counsel florida rights sec mississippi art iii sec south carolina art sec texas art sec verbiage sometimes employed appear defend person counsel california art sec idaho art sec north dakota art sec ohio art sec person counsel kansas bill rights sec nebraska art sec washington art sec nevada art sec new york art sec add civil actions constitutions formulate right one heard counsel election counsel either election massachusetts part sec maine art sec maryland rights art right allowed counsel elam johnson delk state fugate carpenter dane county cutts state fla mcdonald mass people dudley people williams people harris people crandell comm smith state sweeney state yoes cf pardee salt lake county utah alabama code tit sec campbell state gilchrist state clark state louisiana code dart tit xiii art state davis la maryland annotated code flack art par cf decision coates maryland decided april mississippi annotated code ch sec laws ch reed state miss robinson state miss rhode island general laws ch sec acts resolves ch state hudson south carolina code vol state jones texas lopez state faggett state thomas state austin state vermont public laws ch sec ch sec ch sec state gomez arkansas steel mccampbell compiled laws arkansas territory misdemeanors sec gantt digest ark stats chap art xii pope digest vol chap delaware penn laws chap xxii code chap kansas chap chap maine act march apr chap chap minnesota act march chap lxxii mason vol ch missouri casselberry pp nebraska ch crim proc art sec new hampshire tit xxvii ch ch laws washington territorial ch lxxxv vol ch arizona code art colorado stats annotated vol chap maryland laws ch flack art california penal code deering pt tit idaho code anno illinois iowa code kansas laws michigan statutes ann montana ann nevada cr proc new jersey new york thompson laws pt ii code north dakota vol ii ohio throckmorton code ann oklahoma tit oregon comp laws ann vol south dakota code tennessee michie code utah code wyoming connecticut provides official public defenders available persons unable retain counsel revision least early edw england adopted poor prisoners defence act rule adopted whereby accused might defend counsel assigned criminal proceedings london pp existing statute poor prisoners defence act geo see archbold criminal pleading evidence practice ed act poor defendant entitled right counsel charge murder assignment counsel discretionary cases see earlier restricted statutes idaho ch ii iowa act january korf jasper county iowa michigan laws act montana act january ch ix nevada chap liii pp changes statutes might cited compare notes louisiana compare laws act state ferris la ann state bridges la crim proc dart tit xiii art nebraska compare laws washington compare code washington terr ch lxxxv vol ch compare texas code pt iii arts vernon stats art lopez state thomas state judge bond adds experience criminal trials presided estimate demonstrated fair trials without counsel employed prisoners coates state decided april yet reported state reports discussion fourteenth amendment sponsors senate house shows purpose make secure invasion fundamental liberties safeguards set bill rights legislative history subsequent course amendment final adoption discussed flack adoption fourteenth amendment flack cites congressional debates committee reports data subject whether amendment accomplished purpose sponsors intended considered following decisions among others vermont dissent maxwell dow dissent twining new jersey dissent clear legal requirement established practice indigent defendants serious well capital criminal cases crime charged felony offense offense punishable imprisonment several years provided counsel request nine clearly controlling statutory constitutional provisions decisive reported cases subject two dicta judicial decisions indicating probability holding case fllowed similar circumstances two including one case arose practice upheld affirmatively sustained appended opinion list several divided four categories