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MEMPA v. RHAY

No. 16.

389 U.S. 128 (1967)

MEMPA v. RHAY, PENITENTIARY SUPERINTENDENT.

Supreme Court of United States.

Decided November 13, 1967.

Attorney(s) appearing for the Case

Evan L. Schwab, by appointment of the Court, 386 U.S. 953, argued the cause and filed a brief for petitioners in both cases.

Stephen C. Way, Assistant Attorney General of Washington, argued the cause for respondents in both cases. With him on the brief was John J. O'Connell, Attorney General; joined by MacDonald Gallion of Alabama, Arthur K. Bolton of Georgia, Allan G. Shepard of Idaho, James S. Erwin of Maine, and Helgi Johanneson of North Dakota, Attorneys General for their respective States, and by Robert Y. Button, Attorney General of Virginia, and Reno S. Harp III, Assistant Attorney General, as amici curiae.

Patrick J. Hughes, Jr., filed a brief for the National Legal Aid and Defender Association, as amicus curiae, urging reversal. Earl Faircloth, Attorney General of Florida, and Wallace E. Allbritton, Assistant Attorney General, filed a brief for the State of Florida, as amicus curiae, joined and supported by Allan G. Shepard, Attorney General of Idaho.

MR. JUSTICE MARSHALL delivered the opinion of the Court.

These consolidated cases raise the question of the extent of the right to counsel at the time of sentencing where the sentencing has been deferred subject to probation.

Petitioner Jerry Douglas Mempa was convicted in the Spokane County Superior Court on June 17, 1959, of the offense of "joyriding," Wash. Rev. Code § 9.54.020. This conviction was based on his plea of guilty entered with the advice...

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