CARPENTIER v. LAINSON

No. 49200.

84 N.W.2d 32 (1957)

John CARPENTIER, Petitioner-Appellee, v. Percy A. LAINSON, Warden, Iowa State Penitentiary, Defendant-Appellant.

Supreme Court of Iowa.

Rehearing Denied September 20, 1957.


Attorney(s) appearing for the Case

Norman A. Erbe, Atty. Gen. of Iowa, Raphael R. R. Dvorak, First Asst. Atty. Gen., and Howard M. Remley, County Atty., Anamosa, for defendant-appellant.

Joseph L. Phelan, Fort Madison, for petitioner-appellee.


LARSON, Justice.

Due process of law under both federal and state constitutions requires that one charged with a crime receive a fair trial. The right to advice and aid of counsel in serious offenses, especially in capital offenses, is recognized in most jurisdictions including Iowa. By most authorities this representation or advice of counsel may be waived if done so intentionally and competently. The sole question involved in this case is whether, under the related...

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