boykin
alabama
argued
march
decided
june
petitioner
negro
represented
appointed
counsel
pleaded
guilty
five
indictments
robbery
judge
asked
questions
petitioner
concerning
plea
petitioner
address
alabama
law
providing
jury
trial
fix
punishment
guilty
plea
prosecution
presented
eyewitness
testimony
petitioner
counsel
cursorily
petitioner
testify
character
background
testimony
presented
nothing
indicate
prior
criminal
record
jury
found
petitioner
guilty
sentenced
death
indictment
alabama
reviewed
sentences
state
automatic
appeal
statute
capital
cases
requires
reviewing
comb
record
prejudicial
error
even
though
raised
counsel
petitioner
raise
question
voluntariness
guilty
plea
state
pass
question
though
majority
explicitly
considered
affirming
sentences
death
held
jurisdiction
review
question
voluntary
character
plea
since
plain
error
trial
judge
acceptance
petitioner
guilty
plea
absent
affirmative
showing
plea
intelligent
voluntary
state
alabama
automatic
appeal
statute
pp
waiver
privilege
compulsory
guaranteed
fifth
amendment
applicable
fourteenth
right
trial
jury
right
confront
one
accusers
involved
guilty
plea
entered
state
criminal
trial
presumed
silent
record
pp
acceptance
petitioner
guilty
plea
circumstances
case
constituted
reversible
error
record
disclose
petitioner
voluntarily
understandingly
entered
plea
guilty
pp
graham
gibbons
appointment
argued
cause
petitioner
brief
stephen
hopkins
david
clark
assistant
attorney
general
alabama
argued
cause
respondent
brief
macdonald
gallion
attorney
general
jack
greenberg
james
nabrit
iii
michael
meltsner
melvyn
zarr
anthony
amsterdam
filed
brief
naacp
legal
defense
educational
fund
et
al
amici
curiae
urging
reversal
justice
douglas
delivered
opinion
spring
within
period
fortnight
series
armed
robberies
occurred
mobile
alabama
victims
case
local
shopkeepers
open
night
forced
gunman
hand
money
robbing
one
grocery
store
assailant
fired
gun
sending
bullet
door
ceiling
days
earlier
drugstore
robber
allowed
gun
discharge
way
bullet
ricochet
floor
struck
customer
leg
shortly
thereafter
local
grand
jury
returned
five
indictments
petitioner
negro
robbery
offense
punishable
alabama
death
matter
came
trial
determined
petitioner
indigent
appointed
counsel
represent
three
days
later
arraignment
petitioner
pleaded
guilty
five
indictments
far
record
shows
judge
asked
questions
petitioner
concerning
plea
petitioner
address
trial
strategy
may
course
make
plea
guilty
seem
desirable
course
record
wholly
silent
point
throws
light
alabama
provides
defendant
pleads
guilty
must
cause
punishment
determined
jury
except
required
fixed
may
cause
witnesses
examined
ascertain
character
offense
code
tit
present
case
trial
dimension
held
prosecution
presenting
case
largely
eyewitness
testimony
although
counsel
petitioner
engaged
cursory
petitioner
neither
testified
presented
testimony
concerning
character
background
nothing
indicate
prior
criminal
record
instructing
jury
judge
stressed
petitioner
pleaded
guilty
five
cases
robbery
defined
felonious
taking
money
another
violence
putting
fear
carrying
ten
years
minimum
penitentiary
penalty
death
electrocution
jury
upon
deliberation
found
petitioner
guilty
sentenced
severally
die
five
indictments
taking
automatic
appeal
alabama
petitioner
argued
sentence
death
robbery
cruel
unusual
punishment
within
meaning
federal
constitution
suggestion
unanimously
rejected
motion
however
four
seven
justices
discussed
constitutionality
process
trial
judge
accepted
petitioner
guilty
plea
order
affirming
trial
three
justices
dissented
ground
record
inadequate
show
petitioner
intelligently
knowingly
pleaded
guilty
fourth
member
concurred
separately
conceding
trial
judge
accept
guilty
plea
unless
determined
plea
voluntarily
knowingly
entered
defendant
refusing
aught
appearing
presume
trial
judge
failed
duty
granted
certiorari
respondent
suggest
lack
jurisdiction
review
voluntary
character
petitioner
guilty
plea
failed
raise
federal
question
state
failed
pass
upon
question
raised
oral
argument
conclude
properly
presented
alabama
statute
code
tit
provides
automatic
appeal
capital
cases
also
requires
reviewing
comb
record
error
prejudicial
appellant
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though
called
attention
brief
counsel
lee
state
automatic
appeal
statute
provision
plain
error
doctrine
aware
alabama
criminal
appellate
review
douglas
state
app
words
alabama
perhaps
well
note
reviewing
death
case
automatic
appeal
statute
may
consider
testimony
seriously
prejudicial
rights
appellant
may
reverse
thereon
even
though
lawful
objection
exception
made
thereto
citations
omitted
review
limited
matters
brought
attention
brief
counsel
duncan
state
plea
guilty
confession
admits
accused
various
acts
conviction
nothing
remains
give
judgment
determine
punishment
see
kercheval
admissibility
confession
must
based
reliable
determination
voluntariness
issue
satisfies
constitutional
rights
defendant
jackson
denno
requirement
prosecution
spread
record
prerequisites
valid
waiver
constitutional
innovation
carnley
cochran
dealt
problem
waiver
right
counsel
sixth
amendment
right
held
presuming
waiver
silent
record
impermissible
record
must
show
must
allegation
evidence
show
accused
offered
counsel
intelligently
understandingly
rejected
offer
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less
waiver
think
standard
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applied
determining
whether
guilty
plea
voluntarily
made
said
plea
guilty
admission
conduct
conviction
ignorance
incomprehension
coercion
terror
inducements
subtle
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threats
might
perfect
unconstitutionality
question
effective
waiver
federal
constitutional
right
proceeding
course
governed
federal
standards
douglas
alabama
several
federal
constitutional
rights
involved
waiver
takes
place
plea
guilty
entered
state
criminal
trial
first
privilege
compulsory
guaranteed
fifth
amendment
applicable
reason
fourteenth
malloy
hogan
second
right
trial
jury
duncan
louisiana
third
right
confront
one
accusers
pointer
texas
presume
waiver
three
important
federal
rights
silent
record
stake
accused
facing
death
imprisonment
demands
utmost
solicitude
courts
capable
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matter
accused
make
sure
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plea
connotes
consequence
judge
discharges
function
leaves
record
adequate
review
may
later
sought
garner
louisiana
specht
patterson
forestalls
collateral
proceedings
seek
probe
murky
memories
three
dissenting
justices
alabama
stated
law
accurately
concluded
reversible
error
record
disclose
defendant
voluntarily
understandingly
entered
pleas
guilty
reversed
footnotes
elements
robbery
alabama
derived
common
law
possible
penalties
fixed
statute
code
tit
unlike
cardinale
louisiana
state
perhaps
unacquainted
federal
question
issue
already
stated
four
seven
justices
majority
discussed
matter
implications
alabama
law
plea
guilty
voluntary
confession
made
open
also
serves
stipulation
proof
prosecution
need
advanced
supplies
evidence
verdict
ending
controversy
woodard
state
app
federal
regime
rule
federal
rules
criminal
procedure
governs
duty
trial
judge
accepting
guilty
plea
see
mccarthy
said
case
defendant
enters
plea
simultaneously
waives
several
constitutional
rights
including
privilege
compulsory
right
trial
jury
right
confront
accusers
waiver
valid
due
process
clause
must
intentional
relinquishment
abandonment
known
right
privilege
johnson
zerbst
consequently
defendant
guilty
plea
equally
voluntary
knowing
obtained
violation
due
process
therefore
void
moreover
guilty
plea
admission
elements
formal
criminal
charge
truly
voluntary
unless
defendant
possesses
understanding
law
relation
facts
among
requiring
effective
waiver
right
plead
guilty
appear
affirmatively
record
colorado
rev
stat
ann
illinois
rev
missouri
state
blaylock
new
york
people
seaton
wisconsin
state
burke
washington
woods
rhay
majority
criminal
convictions
obtained
plea
guilty
convictions
insulated
attack
trial
best
advised
conduct
record
examination
defendant
include
inter
alia
attempt
satisfy
defendant
understands
nature
charges
right
jury
trial
acts
sufficient
constitute
offenses
charged
permissible
range
sentences
commonwealth
ex
rel
west
rundle
justice
harlan
justice
black
joins
dissenting
today
holds
petitioner
boykin
denied
due
process
law
robbery
convictions
must
reversed
outright
solely
record
inadequate
show
petitioner
intelligently
knowingly
pleaded
guilty
ante
thus
effect
fastens
upon
matter
federal
constitutional
law
rigid
prophylactic
requirements
rule
federal
rules
criminal
procedure
circumstances
recently
held
application
rule
unnecessary
federal
courts
see
halliday
moreover
behest
petitioner
never
time
alleged
guilty
plea
involuntary
made
without
knowledge
consequences
possibly
subscribe
bizarre
result
petitioner
sentenced
immediately
acceptance
plea
instead
pursuant
alabama
statute
ordered
witnesses
examined
ascertain
character
offense
presence
jury
fix
petitioner
sentence
see
code
tit
tit
proceeding
occurred
two
months
petitioner
pleaded
guilty
period
petitioner
made
attempt
withdraw
plea
petitioner
present
attorney
witnesses
examined
petitioner
heard
judge
state
elements
robbery
heard
announce
petitioner
pleaded
guilty
offense
might
sentenced
death
petitioner
made
effort
withdraw
plea
appeal
alabama
petitioner
claim
guilty
plea
made
involuntarily
without
full
knowledge
consequences
fact
petitioner
raised
questions
concerning
plea
petition
brief
oral
argument
counsel
petitioner
never
asserted
plea
coerced
made
ignorance
consequences
ii
reversal
therefore
predicated
entirely
upon
failure
arraigning
state
judge
make
adequate
record
holding
ground
reversal
quotes
copiously
mccarthy
held
earlier
term
federal
district
judge
fails
comply
every
respect
procedure
accepting
guilty
plea
prescribed
rule
federal
rules
criminal
procedure
plea
must
set
aside
defendant
permitted
replead
regardless
findings
plea
fact
voluntary
omits
mention
mccarthy
stated
decision
based
solely
upon
construction
rule
explicitly
disavowed
reliance
upon
constitution
thus
mccarthy
provide
support
whatever
today
constitutional
edict
iii
defendant
whose
plea
accepted
without
full
compliance
rule
may
still
resort
appropriate
remedies
attack
plea
voluntariness
thus
plea
accepted
prior
decision
mccarthy
without
remedy
correct
constitutional
defects
conviction
hold
petitioner
boykin
entitled
outright
reversal
conviction
simply
inadequacy
record
pertaining
guilty
plea
vacate
judgment
remand
hearing
voluntariness
even
assumed
sake
argument
petitioner
entitled
hearing
alleged
plea
involuntary
matter
find
unnecessary
decide
fact
never
made
claim
hence
consider
petitioner
present
arguments
relating
guilty
plea
entitle
federal
relief
record
day
open
came
state
alabama
district
attorney
defendant
proper
person
attorney
evan
austill
defendant
open
day
arraigned
indictment
cases
charging
offense
robbery
plead
guilty
appendix
however
willing
accept
majority
view
jurisdiction
consider
question
petitioner
advances
two
additional
constitutional
arguments
imposition
death
penalty
robbery
cruel
unusual
punishment
violation
fourteenth
amendment
thus
permit
jury
inflict
death
penalty
without
standards
guide
discretion
amounts
denial
due
process
reach
issues
done