carnley cochran argued decided april petitioner illiterate tried florida state without counsel convicted serious noncapital offenses record silent whether offered waived counsel clearly showed incapable conducting defense held petitioner case one assistance counsel unless intelligently understandingly waived right guaranteed fourteenth amendment pp presuming waiver counsel silent record impermissible sustain claim counsel waived record must show must allegation evidence show accused offered counsel intelligently understandingly rejected offer pp appointment harold ward iii argued cause filed briefs petitioner james mahorner assistant attorney general florida argued cause respondent special leave pro hac vice brief richard ervin attorney general justice brennan delivered opinion petitioner afforded assistance counsel defense trial claims reason conviction jury record escambia county florida deprived rights guaranteed fourteenth amendment obtained provisional writ habeas corpus florida petition asserting claim however petition respondent return petitioner reply without hearing discharged writ since important constitutional right involved granted certiorari appointed counsel represent petitioner assistance counsel might well materially aided petitioner coping several aspects case charged noncapital offenses incestuous sexual intercourse daughter separate count relating acts fondling minor child assault lewd lascivious indecent manner upon female child age time trial two sets florida criminal statutes contained language reaching behavior sections florida statutes general criminal provisions separately defining two offenses incest assault lewd lascivious indecent manner addition offenses included within later enacted chapter florida statutes florida child molester act victim years age younger florida plainly conceived petitioner prosecution offenses child molester act obviously plausible view lawyer layman might perceived child molester act invoked petitioner respect conduct elsewhere specifically defined criminal decision florida copeland state raised doubts florida constitution validity prosecution based act picture complicated fact child molester act included reference incest prior amendment made subsequent petitioner alleged offense establishing basis petitioner prosecution vitally important protection rights child molester act validly applied petitioner counsel materially assisted invoking behalf special provisions law governing disposition defendants charged sections authorize jail sentences contrast child molester act empowers sentencing judge proper case commit convicted defendant florida state hospital treatment rehabilitation law also permits accused petition psychiatric psychological examination purpose assisting trial case thus present considerations sort often deemed sufficient require conclusion trial crime without defense counsel measure requirements fourteenth amendment see chewning cunningham reynolds cochran mcneal culver rice olson aspects record also support petitioner claim unfairness trying without affording help lawyer must generally case trial judge effectively discharge roles judge defense counsel record shows trial judge made efforts assist petitioner important omissions guidance gave fully apprise petitioner vital procedural rights laymen expected know defense counsel doubtless called attention omissions significant see cash culver gibbs burke hudson north carolina despite allegation respondent return petitioners carefully instructed trial regard rights guaranteed constitution florida constitution regard procedures followed course trial appears petitioner advised need testify told consequences might follow testify chose testify criminal record brought defense lawyers commonplace weigh risk accused revelation prior criminal record advising accused whether take stand behalf petitioner question decided ignorance important consideration appear trial judge advised petitioner right examine prospective jurors voir dire right submit proposed instructions jury right object instructions given circumstances attending case serve accentuate unfairness trial without counsel petitioner illiterate interpose single objection trial two witnesses daughter son although petitioner wife testified experienced disciplinary problems children thus clearly revealed possibly significant avenue impeachment children testimony worthy name hold petitioner case one assistance counsel unless intelligently understandingly waived right guaranteed fourteenth amendment must therefore consider whether petitioner intelligently understandingly waive assistance counsel record show trial judge offered petitioner declined counsel cf moore michigan nevertheless state imputed petitioner waiver benefit counsel ground stated opinion follows record shows defendant counsel presumed defendant waived benefit counsel might mean petitioner suffered constitutional deprivation formally requested counsel failure make request presumed unless record shows contrary settled assistance counsel constitutional requisite right furnished counsel depend request mcneal culver supra petitioner allegation requested counsel countered denial return petitioner constitutional rights violated alleged refusal appoint counsel behalf state noted record silent request held constitution grants protection criminal proceedings without assistance counsel counsel must furnished whether accused requested appointment counsel uveges pennsylvania see rice olson supra gibbs burke supra however florida may meant constitutional right counsel depends upon formal request may meant fact counsel present assumed trial judge made offer counsel petitioner declined may meant assume simply petitioner knew right counsel willing forego course validity presumptions immediately called question accused way protecting trial except requesting counsel formality upon said right may made depend answer say may counter presumptions collateral attack showing fact agreed willing tried without counsel cast burden accused wholly war standard proof waiver right counsel laid johnson zerbst pointed courts indulge every reasonable presumption waiver fundamental constitutional rights presume acquiescence loss fundamental rights constitutional right accused represented counsel invokes protection trial accused whose life liberty stake 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 neither bute illinois moore michigan supra way inconsistent holding disposition bute petitioner pleaded guilty without requested counsel alleged advised right counsel held denial constitutional right expressly disclaimed waiver rationale decided simply nature charge circumstances attending reception guilty plea recited record call play constitutionally protected right counsel moore record showed clearly petitioner expressly declined offer counsel trial judge held accused show preponderance evidence acquiescence sufficiently understanding intelligent amount effective waiver burden imposed upon accused unless record hearing required reveals affirmative acquiescence case constitutional infirmity trial without counsel manifest even allegation much less showing affirmative waiver accused entitled relief unconstitutional conviction judgment florida reversed cause remanded proceedings inconsistent opinion reversed remanded justice frankfurter took part decision case justice white took part consideration decision case footnotes punishment incest persons within degrees consanguinity within marriages prohibited declared law incestuous void intermarry commit adultery fornication shall punished imprisonment state prison exceeding twenty years county jail exceeding one year lewd lascivious indecent assault act upon presence child person shall handle fondle make assault upon male female child age fourteen years lewd lascivious indecent manner shall knowingly commit lewd lascivious act presence child without intent commit rape child female shall deemed guilty felony punished imprisonment state prison county jail ten years definitions offense provisions chapter shall include attempted rape sodomy attempted sodomy crimes nature attempted crimes nature lewd lascivious behavior incest attempted incest assault sexual act completed attempted assault battery sexual act completed attempted said acts committed person fourteen years age copeland case supra florida held inclusion rape child molester act attendant alteration consequences offense committed child younger ran afoul state constitution act embraced distinct crimes separately dealt statutes act failed set forth length general rape provisions pro tanto amended title act failed give notice consequences rape changed see buchanan state district appeal upheld child molester act applied lewd lascivious conduct florida laws fla powers duties judge convictions person convicted offense within meaning chapter shall within power jurisdiction trial judge sentence said person term years exceed twenty five years state prison raiford commit person treatment rehabilitation florida state hospital hospital state institution sent provided law age color provided hospital institution possesses maximum security facility prescribed board commissioners state institutions provided law shall created established florida research treatment center trial judge shall instead committing person florida state hospital commit person instead florida research treatment center case may discretion stay criminal proceedings defer imposition sentence pending discharge person treatment accordance procedure outlined chapter execution judgment may suspended probation requirements trial judge whose jurisdiction conviction obtained may suspend execution judgment place defendant upon probation trial placing defendant probation may time revoke order placing defendant probation impose sentence commitment might imposed time conviction defendant shall placed probation continue probation satisfied defendant take regular psychiatric psychotherapeutic counseling help individual helping defendant shall make written reports intervals six months probation officer charge case costs fees charges treatment defendant probation shall charge county defendant tried fla examination petition order person charged offense within purview chapter said person may petition psychiatric psychological examination heretofore set written report shall filed clerk jurisdiction offense purpose assisting trial case may initiative upon petition interested person order examination report heretofore set emphasis original wife testified tried firm seemed like firm got two older kids stand pressure every time daddy get something doings well oldest boy say well daddy sure regret get even one way also girl get mad flirtified almost opinion entire witnesses petitioner wife codefendant follows cross examination willard carnley carol jean say mother went made arrangements get casket sister yes right sure sure well tell wife joe gayfer house wait minute sir testifying chance testify state rests questions wish ask daughter welcome cross examination pearl carnley carol jean recall got age maturity mother tried tell right wrong always teach right wrong yes taught right wrong thereupon witness excused cross examination carnley period time realize whenever century dad sickness time moved springtime sick stomach taken serious attack reason employment yes realize said sick supposed sick know thereupon witness excused reason occasion hold hearing case settle fact issue raised petition return whether petitioner requested counsel trial judge justified believing accused knew perfectly well right counsel unnecessary make explicit offer secure accused rejection offer petitioner allegation requested counsel obviously tantamount denial waiver return denial request however reasons already canvassed equivalent allegation waiver return alleged trial judge instructed petitioner constitutional rights allegation claimed support transcript inspection reveals instruction constitutional right except right testify justice black concurring concur judgment reversal agree reasons stated opinion petitioner even constitutional doctrine announced betts brady entitled represented counsel case decided held indigent defendant charged crime state right federal constitution provided counsel unless say appraisal totality facts given case refusal provide counsel particular defendant constituted denial fundamental fairness shocking universal sense justice dissented denial counsel announcement considered impossibly vague unpredictable standard among grounds thought defendant case entitled counsel belief fourteenth amendment makes applicable sixth amendment guarantee criminal prosecutions accused shall assistance counsel defence still view twenty years experience state federal courts betts brady rule demonstrated basic failure constitutional guide indeed served guide confuse courts person prosecuted state crime entitled lawyer little expected however standard imposes upon courts nothing perplexing responsibility appointing lawyers accused trial judge believes failure shocking universal sense justice sure recent years fairly consistent assuring indigent defendants right counsel years gone compelled even betts rule reverse state convictions either new trial hearing determine whether counsel erroneously denied result judgment due growing recognition fact bill rights correct assuming layman compelled defend criminal prosecution defendants convicted crime without benefit counsel possibly bring cases us one need look records cases since betts brady state federal courts understand capriciousness shocking universal sense justice standard bestows protection upon persons accused crime think time abandon vague fickle standard determining right counsel person prosecuted crime state recognizing defendants state courts reason fourteenth amendment unequivocal right counsel defendants federal courts held virtue sixth amendment johnson zerbst many reasons including set mcneal culver justice douglas joined justice brennan overrule betts brady case simply return holding powell alabama stated reference prosecution crime state courts right heard many cases little avail comprehend right heard counsel aware statement made capital case fourteenth amendment protects life liberty property hold defendants prosecuted crime entitled counsel whether life liberty property stake criminal prosecution chief justice justice douglas joining opinion also join opinion chewning cunningham hamilton alabama mcneal culver hudson north carolina cash culver moore michigan herman claudy massey moore gibbs burke uveges pennsylvania townsend burke wade mayo marino ragen de meerleer michigan tomkins missouri williams kaiser cf quicksall michigan gryger burke bute illinois foster illinois compare flansburg kaiser supp aff grounds powell alabama parker ellis massey moore henderson bannan ex rel savini jackson numerous examples course cited including contrast decisions cited note lower decisions reversed held denial counsel erroneous betts brady rule justice douglas concurring join opinion separate opinion justice black wish add word reasons justice brennan gave mcneal culver overruling betts brady petitioner admitted illiterate forced try case jury record proceedings jury impaneled nothing show petitioner told right challenge individual veniremen panel whole challenged anyone cause exercised six peremptory challenges granted florida law fla certain made challenge panel whole challenge must writing fla florida tells us write even doubtful able show improper method selection even discrimination confined lengthy period prior trial five months alleged spent solitary confinement opportunity therefore gather factual evidence necessary sustain possible challenge panel florida statute moreover explicitly requires written challenge specify facts based ibid petitioner able write access facts still probability able build legal argument sufficient challenge panel man low intelligence grounds challenging panel might invoked petitioner turn difficult questions state law alleged legislature passed special local law providing summoning impaneling grand petit jurors article iii florida constitution prohibits special laws always clear though whether particular law special general see hysler state state pearson sophisticated nature arguments necessary attack law special almost always beyond comprehension one unlearned law florida plea abatement usual manner testing legality jury list cases proceeding mandamus deemed proper remedy claimed county commissioners erred manner selected panel jackson jordan often simple oral challenge individual juror achieve much accused contends venireman qualifications required law fla yet obviously illiterate expected know niceties criminal procedure assuming accused decide challenge prospective veniremen either peremptorily cause must decide secure maximum benefit peremptory challenges florida statutes provide least independent grounds challenge cause fla ignorance ground challenge defense denmark state mcnish state webster state objections qualifications jurors raised trial considered appeal mcnish state supra crosby state trial excuses juror motion accused right object objection must timely made grounds therefor clearly stated late object juror excused ellis state appeal accused must able show action prejudicial constituted abuse discretion williams state peadon state special difficulties facing accused jury trial end challenges panel individual jurors florida prohibits trial judge commenting weight evidence lester state leavine state seward state expressing opinion accused convicted wood state lest influence jury decision make comment accused took exception error deemed waived appeal surrency state smith state except interests justice served kellum state app hearsay evidence takes added importance jury trials excluded prejudicial owens state alvarez state admitted without objection generally regarded received consent sims state objection question answered sometimes held come late schley state williams state sims state supra yet motion strike may achieve result dickens state exchange questions answers prosecution witness defendant without assistance counsel oftentime find helpless object even conceive grounds objection hearsay lie indeed constitutes hearsay difficult question judges may always agree see royal state evidence accused florida right jury instructed law case final arguments made judge charge following immediately upon conclusion evidence may enable jury obtain clearer accurate conception duties particular case required wait argument counsel hear law case judge smithie state right waived failure take exception procedure adopted defects instructions likewise deemed waived accused fails make timely objection white state app dist williams state intricate procedural rules restricted criminal trials florida similar rules equally complex confusing layman may found criminal statutes assume might applied vigor layman defending one represented lawyer yet even rule betts brady projected jury trial faces layman labyrinth never understand negotiate result jury system pride world becomes trap layman utterly without ability make serve ends justice florida denied petitioner application writ habeas corpus without hearing respect allegation petitioner wife illiterate unable defend admitted record showed conclusively fact illiterate concluded however illiteracy alone necessarily import ignorance ordinary things life get money bank apparently classifying conduct defense felony charge one commonplace things life concluded showing petitioner wife suffered slightest lack intelligence petitioner wife joined proceedings party petition certiorari