gideon wainwright argued january decided march charged florida state noncapital felony petitioner appeared without funds without counsel asked appoint counsel denied ground state law permitted appointment counsel indigent defendants capital cases petitioner conducted defense well expected layman convicted sentenced imprisonment subsequently applied state writ habeas corpus ground conviction violated rights federal constitution state denied relief held right indigent defendant criminal trial assistance counsel fundamental right essential fair trial petitioner trial conviction without assistance counsel violated fourteenth amendment betts brady overruled pp reversed cause remanded abe fortas appointment argued cause petitioner brief abe krash ralph temple bruce jacob assistant attorney general florida argued cause respondent brief richard ervin attorney general spicola assistant attorney general lee rankin special leave argued cause american civil liberties union et amici curiae urging reversal brief norman dorsen john dwight evans melvin wulf richard medalie howard dixon richard yale feder george mentz assistant attorney general alabama argued cause state alabama amicus curiae urging affirmance brief macdonald gallion attorney general alabama bruton attorney general north carolina ralph moody assistant attorney general north carolina brief state governments commonwealths amici curiae urging reversal filed edward mccormack attorney general massachusetts walter mondale attorney general minnesota duke dunbar attorney general colorado albert coles attorney general connecticut eugene cook attorney general georgia shiro kashiwa attorney general hawaii frank benson attorney general idaho william clark attorney general illinois evan hultman attorney general iowa john breckinridge attorney general kentucky frank hancock attorney general maine frank kelley attorney general michigan thomas eagleton attorney general missouri charles springer attorney general nevada mark mcelroy attorney general ohio leslie burgum attorney general north dakota robert thornton attorney general oregon joseph nugent attorney general rhode island miller attorney general south dakota john attorney general washington donald robertson attorney general west virginia george hayes attorney general alaska robert thornton attorney general oregon harold adams assistant attorney general filed separate brief state oregon amicus curiae justice black delivered opinion petitioner charged florida state broken entered poolroom intent commit misdemeanor offense felony florida law appearing without funds without lawyer petitioner asked appoint counsel whereupon following colloquy took place gideon sorry appoint counsel represent case laws state florida time appoint counsel represent defendant person charged capital offense sorry deny request appoint counsel defend case defendant says entitled represented counsel facts upon betts claimed unconstitutionally denied right counsel appointed assist strikingly like facts upon gideon bases federal constitutional claim betts indicated robbery maryland state arraignment told trial judge lack funds hire lawyer asked appoint one betts advised practice county appoint counsel indigent defendants except murder rape cases pleaded guilty witnesses summoned state witnesses examined chose testify found guilty judge sitting without jury sentenced eight years prison like gideon betts sought release habeas corpus alleging denied right assistance counsel violation fourteenth amendment betts denied relief review affirmed held refusal appoint counsel indigent defendant charged felony necessarily violate due process clause fourteenth amendment reasons given deemed applicable federal constitutional provision said asserted denial due process tested appraisal totality facts given case may one setting constitute denial fundamental fairness shocking universal sense justice may circumstances light considerations fall short denial ii sixth amendment provides criminal prosecutions accused shall enjoy right assistance counsel defence construed mean federal courts counsel must provided defendants unable employ counsel unless right competently intelligently waived betts argued right extended indigent defendants state courts fourteenth amendment response stated sixth amendment laid 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 order decide whether sixth amendment guarantee counsel fundamental nature betts set considered elevant data subject afforded constitutional statutory provisions subsisting colonies prior inclusion bill rights national constitution constitutional legislative judicial history present date basis historical data concluded appointment counsel fundamental right essential fair trial reason betts refused accept contention sixth amendment guarantee counsel indigent federal defendants extended words made obligatory upon fourteenth amendment plainly concluded appointment counsel indigent criminal defendant fundamental right essential fair trial held fourteenth amendment requires appointment counsel state sixth amendment requires federal think betts ample precedent acknowledging guarantees bill rights fundamental safeguards liberty immune federal abridgment equally protected state invasion due process clause fourteenth amendment principle recognized explained applied powell alabama case upholding right counsel held despite sweeping language contrary hurtado california fourteenth amendment embraced fundamental principles liberty justice lie base civil political institutions even though specifically dealt another part federal constitution many cases powell betts looked fundamental nature original bill rights guarantees decide whether fourteenth amendment makes obligatory explicitly recognized fundamental nature therefore made immune state invasion fourteenth part first amendment freedoms speech press religion assembly association petition redress grievances reason though always precisely terminology made obligatory fifth amendment command private property shall taken public use without compensation fourth amendment prohibition unreasonable searches seizures eighth ban cruel unusual punishment hand palko connecticut refused hold fourteenth amendment made double jeopardy provision fifth amendment obligatory refusing however speaking justice cardozo careful emphasize immunities valid federal government force specific pledges particular amendments found implicit concept ordered liberty thus fourteenth amendment become valid guarantees origin effective federal government alone prior cases taken earlier articles federal bill rights brought within fourteenth amendment process absorption accept betts brady assumption based prior cases provision bill rights fundamental essential fair trial made obligatory upon fourteenth amendment think betts wrong however concluding sixth amendment guarantee counsel one fundamental rights ten years betts brady full consideration historical data examined betts unequivocally declared right aid counsel fundamental character powell alabama close powell opinion language frequently limit holding particular facts circumstances case conclusions fundamental nature right counsel unmistakable several years later reemphasized said fundamental nature right counsel language concluded certain fundamental rights safeguarded first eight amendments federal action also safeguarded state action due process law clause fourteenth amendment among fundamental right accused aid counsel criminal prosecution grosjean american press assistance counsel one safeguards sixth amendment deemed necessary insure fundamental human rights life liberty sixth amendment stands constant admonition constitutional safeguards provides lost justice still done johnson zerbst effect see avery alabama smith right heard many cases little avail comprehend right heard counsel even intelligent educated layman small sometimes skill science law charged crime incapable generally determining whether indictment good bad unfamiliar rules evidence left without aid counsel may put trial without proper charge convicted upon incompetent evidence evidence irrelevant issue otherwise inadmissible 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 judgment reversed cause remanded florida action inconsistent opinion reversed footnotes many cases reach recent examples carnley cochran hudson north carolina moore michigan illustrative cases state courts artrip state app shaffer warden md examples commentary see allen federalism state systems criminal justice de paul rev kamisar right counsel fourteenth amendment dialogue pervasive right accused chi rev right counsel rev johnson zerbst gitlow new york speech press lovell city griffin speech press staub city baxley speech grosjean american press press cantwell connecticut religion de jonge oregon assembly shelton tucker association louisiana ex rel gremillion naacp association edwards south carolina speech assembly petition redress grievances chicago chicago smyth ames wolf colorado elkins mapp ohio robinson california justice douglas join opinion brief historical resume relation bill rights first section fourteenth amendment seems pertinent since adoption amendment ten justices felt protects infringement privileges protections safeguards granted bill rights justice field first justice harlan probably justice brewer took position vermont justices black douglas murphy rutledge adamson california see poe ullman dissenting opinion view also expressed justice bradley swayne cases wall seemingly accepted justice clifford dissented justice field walker sauvinet unfortunately never commanded yet happily constitutional questions always open erie tompkins today foreclose matter brother harlan view guarantee bill rights made applicable reason fourteenth amendment lesser version guarantee applied federal government justice jackson shared view view prevailed rights protected state invasion due process clause fourteenth amendment versions bill rights guarantees justices bradley swayne field emphasized first eight amendments granted citizens certain privileges immunities protected abridgment fourteenth amendment see cases supra vermont supra justices harlan brewer accepted theory case see though justice harlan indicated persons merely citizens given protection ibid twining new jersey justice harlan position made clear judgment immunity protected hostile state action privileges immunities clause also due process clause see roth smith california beauharnais illinois cf opinions justices holmes brandeis gitlow new york whitney california cases collected justice black speiser randall see eaton price justice clark concurring result bute illinois found special circumstances requiring appointment counsel stated charges capital charges required state statute decisions interpreting fourteenth amendment take steps prior case find language cases indicating appointment counsel capital cases required fourteenth amendment next term justice reed revealed divided noncapital cases due process clause requires counsel persons charged serious crimes uveges pennsylvania finally hamilton alabama said hen one pleads capital charge without benefit counsel stop determine whether prejudice resulted sixth amendment requires appointment counsel criminal prosecutions clear language amendment interpretation see johnson zerbst equally clear cases decided betts brady fourteenth amendment requires appointment prosecutions capital crimes decision today erase distinction basis logic increasingly eroded basis authority kinsella ex rel singleton specifically rejected constitutional distinction capital noncapital offenses regards congressional power provide trials civilian dependents armed forces personnel previously held civilian dependents constitutionally deprived protections article iii fifth sixth amendments capital cases reid covert held result must follow noncapital cases indeed opinion foreshadowed decision today noted obviously fourteenth amendment cases dealing state action application believe deprive civilian dependents safeguards jury trial invalid cases cases capital nature might however said implication avery alabama capital case counsel appointed petitioner claimed denial effective assistance affirming noted ad petitioner denied representation counsel clear violation fourteenth amendment guarantee assistance counsel required reversal conviction special circumstances recited citing powell alabama authority dictum appears rely solely capital nature offense portents today decision may found well griffin illinois ferguson georgia griffin noncapital case held petitioner constitutional rights violated state procedure provided free transcripts indigent defendants capital cases ferguson struck state practice denying appellant effective assistance counsel cautioning ur decision turn facts appellant tried capital offense represented employed counsel command fourteenth amendment also applies case accused tried noncapital offense represented appointed counsel see barzun favor capital punishment american scholar justice harlan concurring agree betts brady overruled consider entitled respectful burial accorded least part us case decided subscribe view betts brady represented abrupt break precedents ante powell alabama capital case declared particular facts presented ignorance illiteracy defendants youth circumstances public hostility stood deadly peril lives state duty assign counsel trial necessary requisite due process law evident limiting facts added opinion afterthought repeatedly emphasized see clearly regarded important result thus decade later decided betts brady admit possible existence special circumstances noncapital well capital trials time insisting circumstances shown order establish denial due process right appointed counsel recognized considerably broader federal prosecutions see johnson zerbst imposed requirements indeed abrupt break almost immediate past declaration right appointed counsel state prosecutions established powell alabama limited capital cases truth departure extension existing precedent principles declared powell betts however troubled journey throughout years followed first one case even time betts decision dictum least one opinions indicated absolute right services counsel trial state capital cases dicta continued appear subsequent decisions lingering doubts finally eliminated holding hamilton alabama noncapital cases special circumstances rule continued exist form substance substantially steadily eroded first decade betts cases found special circumstances lacking usually sharply divided vote however decision cited us found none quicksall michigan decided time cases special circumstances found little nothing complexity legal questions presented although questions often routine difficulty come recognize words mere existence serious criminal charge constituted special circumstances requiring services counsel trial truth betts brady rule longer reality evolution however appears fully recognized many state courts instance charged responsibility enforcement constitutional rights continue rule honored lip service healthy thing long run disservice federal system special circumstances rule formally abandoned capital cases time come similarly abandoned noncapital cases least offenses one involved carry possibility substantial prison sentence whether rule extend criminal cases need decided indeed make explicit something long since foreshadowed decisions agreeing right counsel case expressly recognized fundamental right embraced fourteenth amendment wish make observation hold right immunity valid federal government implicit concept ordered liberty thus valid read past decisions suggest holding automatically carry entire body federal law apply full sweep concept disregard frequently wide disparity legitimate interests federal government divergent problems face significantly different consequences actions cf roth separate opinion writer done today understand depart principles laid palko connecticut embrace concept fourteenth amendment incorporates sixth amendment premises join judgment avery alabama bute illinois uveges pennsylvania foster illinois bute illinois gryger burke williams kaiser hudson north carolina chewning cunningham see common wealth ex rel simon maroney shaffer warden md henderson bannan cir palko connecticut