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JAMES v. HEADLEY

No. 25892.

410 F.2d 325 (1969)

Betty J. JAMES and Raymond Miller, Appellants, v. Walter HEADLEY, Chief of Police of the City of Miami, Appellee.

United States Court of Appeals Fifth Circuit.

April 9, 1969.

Attorney(s) appearing for the Case

Alfred Feinberg, Bruce S. Rogow, Miami, Fla., for appellants.

Lucy S. Forrester, William H. Traylor, Atlanta, Ga., amicus curiae.

John G. Thomas, Charles K. Allan, William M. Porter, Miami, Fla., for appellee.

Before WISDOM, GODBOLD, and SIMPSON, Circuit Judges.

WISDOM, Circuit Judge:

The question this case presents is whether an accused has the right to court-appointed counsel when charged with only "a petty offense", that is, an offense carrying the maximum penalty of six months.1 This gets down to whether Harvey v. Mississippi, 5 Cir. 1965, 340 F.2d 263, is viable. If it is, do the petitioners before us come under...

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