johnson zerbst argued april decided may elbert tuttle atlanta petitioner bates booth washington respondent justice black delivered opinion petitioner imprisoned federal penitentiary denied habeas corpus district later granted petitioner second hearing prompted peculiar circumstances surrounding case desire afford opportunity present additional facts views petitioner desired present upon consideration second petition found substantially differ first reasons stated decision case second petition also denied petitioner serving sentence conviction district possessing uttering counterfeit money appears opinion district judge denying habeas corpus believed petitioner deprived trial constitutional right provision sixth amendment criminal prosecutions acc used shall enjoy right assistance counsel defence however held proceedings depriving petitioner constitutional right assistance counsel sufficient make trial void justify annulment habeas corpus proceeding constituted trial errors irregularities corrected appeal appeals granted certiorari due importance questions involved record discloses petitioner one bridwell arrested charleston november charged feloniously uttering passing four counterfeit federal reserve notes possessing notes enlisted men marine corps leave bound await action grand july kept jail due inability give bail january indicted january taken first give notice indictment immediately arraigned tried convicted sentenced day four years penitentiary january transported federal penitentiary atlanta counsel represented preliminary hearings commissioner two months bound grand jury accused unable employ counsel trial upon arraignment pleaded guilty said lawyer response inquiry ready trial tried convicted sentenced without assistance counsel petitioners lived distant cities neither relatives friends acquaintances charleston little education without funds testified never guilty charged offense evidence rebuttal statements habeas corpus hearing petitioner evidence developed request directed trial judge appoint counsel request made district attorney replied state trial south carolina appoint counsel unless defendant charged capital crime district attorney denied petitioner made request counsel indicated petitioner right counsel assistant district attorney testified bridwell examined witnesses opinion displayed knowledge procedure normal layman possess recall whether bridwill addressed jury clerk trial testified johnson bridwell conducted defense well average layman usually cases similar nature concerning said jury witnesses bridwell testified tried speak jury evidence trial eastern district south carolina told jury consider hoodlum district attorney made several times told jury native new york district attorney stated mississippi stationed overnme nt service new york said fifteen twenty words said think hoodlum one long standing keep marine corps objected one witness testimony ask questions objected whole testimony prosecuting attorney finished witness said witness got objected testimony grounds false trial judge said objection bring proof disproof reviewing evidence petition habeas corpus district trial petitioner johnson remanded jail asked jailer call lawyer permitted contact one however undertake get message judge january transported automobile federal penitentiary atlanta arriving day custom placed isolation kept sixteen days without permitted communicate one except officers institution see officers daily request officers permitted see lawyer ask officers present trial judge motion new trial application appeal notice desired move new trial take appeal may petitioners filed applications appeal denied filed late time filing motion new trial taking appeal limited three five days one sixth amendment guarantees criminal prosecutions accused shall enjoy right assistance counsel defence one safeguards sixth amendment deemed necessary insure fundamental human rights life liberty omitted constitution originally adopted provisions amendments submitted first congress convened constitution essential barriers arbitrary unjust deprivation human rights sixth amendment stands constant admonition constitutional safeguards provides lost justice done embodies realistic recognition obvious truth average defendant professional legal skill protect brought tribunal power take life liberty wherein prosecution presented experienced learned counsel simple orderly necessary untrained appear intricate complex mysterious consistently wise policy sixth amendment parts fundamental charter pointed humane policy modern criminal law provides defendant poor may counsel furnished state infrequently able attorney state right heard many cases little avail comprehend right heard counsel even intelligent educated layman small sometimes skill science law charged crime incapable generally determining wheter 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 defence even though perfect one requires guiding hand counsel every step proceedings sixth amendment withholds federal criminal proceedings power authority deprive accused life liberty unless waives assistance counsel two insistence petitioner waived constitutional right district find pointed indulge every reasonable presumption waiver fundamental constitutional presume acquiescence loss fundamental rights waiver ordinarily intentional relinquishment abandonment known right privilege determination whether intelligent waiver right counsel must depend case upon particular facts circumstances surrounding case including background experience conduct accused patton decided accused may certain circumstances consent jury eleven waive right trial verdict constitutional jury twelve men question waiver considered direct appeal conviction collateral attack habeas corpus however decision may helpful indicating manner accused trial results final judgment right assistance counsel patton case noted approvingly state pointing humane policy modern criminal law altered conditions existed accused testify behalf furnished counsel made possible convict man money without counsel without ability summon witnesses permitted tell story constitutional right accused represented counsel invokes protection trial whose life liberty without counsel protecting duty imposes serious weighty responsibility upon trial judge determining whether intelligent competent waiver accused accused may waive right counsel whether proper waiver clearly determined trial fitting appropriate determination appear upon record three district holding petitioner obtain relief habeas corpus said unfortunate petitioners lost right new trial ignorance negligence misfortune give jurisdiction habeas corpus case review correct errors complained purpose constitutional guaranty right counsel protect accused conviction resulting ignorance legal constitutional rights guaranty nullified determination accused ignorant failure claim rights removes protection constitution true habeas corpus used means reviewing errors law involving question course trial habeas corpus used writ error principles however must construed applied safeguards human life liberty scope inquiry habeas corpus proceedings adoption sixth amendment proceeding clearly erroneous confine inquiry proceedings judgment trial petitioned inquire regard jurisdiction inferior either respect person even inquiry involves examination facts outside inconsistent record congress expanded rights petitioner habeas effect substitute bare legal review seems limit judicial authority practice act car ii chap searching investigation applicant put upon oath set forth truth matter respecting causes detention upon determining actual facts party law justice require doubt authority congress thus liberalize procedure habeas corpus order safeguard liberty persons within jurisdiction infringement violation constitution law treaty established thereunder results sections cited prisoner custody pursuant final judgment state criminal jurisdiction may judicial inquiry truth substance causes detention although may become necessary look behind beyond record conviction sufficient extent test jurisdiction state proceed judgment open courts upon application writ habeas corpus look beyond forms inquiry substance matter petitioner convicted sentenced without assistance counsel contends ignorant right counsel incapable preserving legal constitutional rights trial urging unable obtain lawyer ignorant proceedings obtain new trial appeal time limits governing possess requisite skill knowledge properly conduct appeal says practical impossible obtain relief appeal contentions true fact necesarily ollows legal procedural remedy available grant relief violation constitutional rights unless courts protect petitioner rights habeas corpus contention law provides effective remedy deprivation rights affecting life liberty may well mooney holohan premise deprive citizen effective remedy contrary demands justice destructive constitutional guaranty specifically designed prevent injustice since sixth amendment constitutionally entitles one charged crime assistance counsel compliance constitutional mandate essential jurisdictional prerequisite federal authority deprive accused life liberty right properly waived assistance counsel longer necessary element jurisdiction proceed conviction sentence accused however represented counsel competently intelligently waived constitutional right sixth amendment stands jurisdictional bar valid conviction sentence depriving life liberty jurisdiction hearing trial may lost course proceedings due failure complete sixth amendment providing counsel accused unable obtain counsel intelligently waived constitutional guaranty whose life liberty stake requirement sixth amendment complied longer jurisdiction proceed judgment conviction pronounced without jurisdiction void one imprisoned thereunder may obtain release habeas corpus judge petition habeas corpus alert examine facts true alleged make trial absolutely void must remembered however judgment lightly set aside collateral attack even habeas corpus collaterally attacked judgment carries presumption regularity defendant without counsel acquiesces trial resulting conviction later seeks release extraordinary remedy habeas corpus burden proof rests upon establish competently intelligently waive constitutional right assistance counsel habeas corpus hearing meet burden convinces preponderance evidence neither counsel properly waived constitutional right counsel duty grant writ case petitioner convicted without enjoying assistance counsel believing habeas corpus available remedy district made findings waiver petitioner state record deem necessary remand cause district finds evidence petitioner sustained burden proof resting upon competently intelligently waive right counsel follow trial jurisdiction proceed judgment conviction petitioner therefore entitled petition granted petitioner fails sustain burden entitled writ cause reversed remanded district action harmony opinion reversed justice reed concurs reversal justice mcreynolds opinion judgment affirmed justice butler opinion record shows petitioner waived right counsel trial jurisdiction judgment circuit appeals affirmed justice cardozo took part consideration decision case footnotes bridwell aderhold sixth amendment constitution provides criminal prosecutions accused shall enjoy right speedy public trial impartial jury state district wherein crime shall committed district shall previously ascertained law informed nature cause accusation confronted witnesses compulsory process obtaining witnesses favor assistance counsel defence opinion district judge bridwell aderhold supp bridwell aderhold bridwell aderhold page see rules practice procedure criminal appeals rules adopted may ii iii following section cf palko connecticut patton powell alabama barron mayor baltimore pet edwards elliott wall aetna insurance kennedy hodges easton ohio bell telephone public utilities commission hack state ex parte watkins pet knewal egan harlan mcgourin woolsey best frank mangum mayfield cuddy petitioner ch et et seq frank mangum supra pages page moore dempsey mooney holohan ex parte hans nielson petitioner cf mooney holohan supra page page cf frank mangum supra page ex parte hans neilsen petitioner supra cf moore dempsey patton cuddy petitioner supra