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BEARDEN v. STATE OF SOUTH CAROLINA

Nos. 14079, 14197.

443 F.2d 1090 (1971)

James G. BEARDEN, Appellant, v. STATE OF SOUTH CAROLINA and Mr. William D. Leeke, Director, Department of Corrections, et al., Appellees. Cuthbert McInnies MIDGETT, #57853, Appellant, v. J. D. COX, Superintendent, Virginia State Penitentiary, Appellee.

United States Court of Appeals, Fourth Circuit.

June 10, 1971.

Attorney(s) appearing for the Case

William T. Toal, Greenville, S. C. (court-assigned counsel), for appellants.

W. Luke Witt, Asst. Atty. Gen. of Va. (Andrew P. Miller, Atty. Gen. of Va., on brief), for appellee in No. 14197.

Emmett H. Clair, Asst. Atty. Gen. of S. C. (Daniel R. McLeod, Atty. Gen., and John P. Wilson, Asst. Atty. Gen., of S. C., on brief), for appellee in No. 14079.

Before HAYNSWORTH, Chief Judge, and SOBELOFF, BOREMAN, BRYAN, WINTER, CRAVEN and BUTZNER, Circuit Judges.

CRAVEN, Circuit Judge:

These cases present important questions:

(1) Whether the Sixth Amendment and the due process clause of the Fourteenth Amendment require the states to appoint counsel for indigents faced with possible revocation of parole.

(2) Whether the due process clause of the Fourteenth Amendment requires that the states grant to a parolee faced with possible revocation reasonable notice of his alleged default and opportunity to rebut the...

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