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ALABAMA v. SHELTON

No. 00-1214.

535 U.S. 654 (2002)

ALABAMA v. SHELTON

United States Supreme Court.

Decided May 20, 2002.

Attorney(s) appearing for the Case

Bill Pryor, Attorney General of Alabama, argued the cause for petitioner. With him on the briefs were Sandra Jean Stewart and Stephanie N. Morman, Assistant Attorneys General.

Charles Fried, by invitation of the Court, 534 U.S. 987 (2001), argued the cause and filed a brief as amicus curiae in opposition to the judgment below.

William H. Mills argued the cause and filed a brief for respondent.

Steven Duke argued the cause for the National Association of Criminal Defense Lawyers as amicus curiae urging affirmance. With him on the brief were Thomas F. Liotti and David M. Porter.*

Ginsburg, J., delivered the opinion of the Court, in which Stevens, O'Connor, Souter, and Breyer, JJ., joined. Scalia, J., filed a dissenting opinion, in which Rehnquist, C. J., and Kennedy and Thomas, JJ., joined, p. 674.

Justice Ginsburg, delivered the opinion of the Court.

This case concerns the Sixth Amendment right of an indigent defendant charged with a misdemeanor punishable by imprisonment, fine, or both, to the assistance of courtappointed counsel. Two prior decisions control the Court's judgment. First, in Argersinger v. Hamlin, 407 U.S. 25 (1972), this Court held that defense counsel must be appointed in any criminal prosecution...

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