ARGERSINGER v. HAMLIN

No. 70-5015.

407 U.S. 25 (1972)

ARGERSINGER v. HAMLIN, SHERIFF.

Supreme Court of United States.

Reargued February 28, 1972.

Decided June 12, 1972.


Attorney(s) appearing for the Case

Bruce S. Rogow argued the cause for petitioner on the reargument and J. Michael Shea argued the cause pro hac vice on the original argument. With them on the brief was P. A. Hubbart.

George R. Georgieff, Assistant Attorney General of Florida, reargued the cause for respondent. With him on the brief were Robert L. Shevin, Attorney General, and Raymond L. Marky, Assistant Attorney General, joined by the Attorneys General for their respective States as follows: Gary K. Nelson of Arizona, Arthur K. Bolton of Georgia, W. Anthony Park of Idaho, Jack P. F. Gremillion of Louisiana, James S. Erwin of Maine, Robert L. Woodahl of Montana, Robert List of Nevada, Robert Morgan of North Carolina, Helgi Johanneson of North Dakota, and Daniel R. McLeod of South Carolina.

Solicitor General Griswold argued the cause for the United States as amicus curiae on the reargument urging reversal. With him on the brief were Assistant Attorney General Petersen, Deputy Solicitor General Greenawalt, Harry R. Sachse, Beatrice Rosenberg, and Sidney M. Glazer.

Briefs of amici curiae urging reversal were filed by William E. Hellerstein for the Legal Aid Society of New York, and by Marshall J. Hartman for the National Legal Aid and Defender Association.

Lauren Beasley, Chief Assistant Attorney General of Utah, filed a brief for the Attorney General of Utah as amicus curiae urging affirmance.

Briefs of amici curiae were filed by John E. Havelock, Attorney General, for the State of Alaska, and by Andrew P. Miller, Attorney General, and Vann H. Lefcoe, Assistant Attorney General, for the Commonwealth of Virginia.


MR. JUSTICE DOUGLAS delivered the opinion of the Court.

Petitioner, an indigent, was charged in Florida with carrying a concealed weapon, an offense punishable by imprisonment up to six months, a $1,000 fine, or both. The trial was to a judge, and petitioner was unrepresented by counsel. He was sentenced to serve 90 days in jail, and brought this habeas corpus action in the Florida Supreme Court, alleging that, being deprived of his right to counsel, he was unable...

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