BARNES v. STATE

1 Div. 995.

169 So.2d 313 (1964)

Hillery O. BARNES v. STATE.

Court of Appeals of Alabama.

Rehearing Denied October 27, 1964.


Attorney(s) appearing for the Case

Hillery O. Barnes, pro se.

Richmond M. Flowers, Atty. Gen., and Paul T. Gish, Jr., Asst. Atty. Gen., for the State.


CATES, Judge.

This is an appeal from a judgment denying relief under a petition for a writ of error coram nobis.

The sole question is: Does Gideon v. Wainwright, 372 U.S. 335, 83 S.Ct. 792, 9 L.Ed.2d 799, have retroactive effect?

The circuit judge ruled, "No."

Betts v. Brady, 316 U.S. 455, 62 S.Ct. 1252, 86 L.Ed. 1595, was expressly overruled in Gideon v. Wainwright. Moreover, Betts v. Brady did not hold that out and out denial of counsel in a noncapital case was permissible. Rather, if the trial court had made a bona fide effort to ascertain whether the defendant needed counsel, then the Fourteenth Amendment would not bar conviction.

Gideon's case was by way of post conviction habeas corpus filed two years after judgment.

We hold Gideon v. Wainwright works retrospectively. See dissent of Harlan, J., in Pickelsimer v. Wainwright, 375 U.S. 2, 84 S.Ct. 80, 11 L.Ed.2d 41.

The judgment below is reversed and the cause remanded for proceedings consistent herewith.

Reversed and remanded.


Comment

1000 Characters Remaining

Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions.

User Comments

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases