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SWEETEN v. SNEDDON

No. 71-1275.

463 F.2d 713 (1972)

James Michael SWEETEN, Plaintiff-Appellee, v. Charles H. SNEDDON and E. F. Ziegler, Judges of the City Court of Ogden City, State of Utah, individually and representative of all other Utah Judges similarly situated, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

July 7, 1972.

Attorney(s) appearing for the Case

Paul D. Vernieu, Ogden, Utah, for plaintiff-appellee.

Larry V. Lunt, Salt Lake City, Utah (Vernon B. Romney, Atty. Gen., and Lauren N. Beasley, Chief Asst. Atty. Gen., on the brief), for defendants-appellants.

Before BREITENSTEIN, HILL, and McWILLIAMS, Circuit Judges.

BREITENSTEIN, Circuit Judge.

This is a civil rights action with jurisdiction grounded on 28 U.S.C. § 1343(3) and (4). The question is the right of an indigent defendant on state parole to have assistance of counsel in a state misdemeanor prosecution. The district court, 324 F.Supp. 1094, held that he had a constitutional right to counsel and permanently enjoined the state criminal prosecution unless counsel was secured for...

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