 All that it is necessary now to decide, as we do decide, is that in a capital case, where the defendant is unable to employ counsel, and is incapable adequately of making his own defense because of ignorance, feeble-mindedness, illiteracy, or the like...  United States Reports: Cases Adjudged in the Supreme Court at ... and Rules ... - Page 44by United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1933Full view - About this book
 | Geoffrey R. Stone, Richard A. Epstein, Cass R. Sunstein - 1992 - 598 pages
...counsel, and is incapable adequately of making his own defense because of ignorance, feeble mindedness, illiteracy, or the like, it is the duty of the court,...is not discharged by an assignment at such a time or under such circumstances as to preclude the giving of effective aid in the preparation and trial... | |
 | Abraham L. Davis, Barbara Luck Graham - 1995 - 512 pages
...counsel, and is incapable adequately of making his own defense because of ignorance, feeble mindedness, illiteracy, or the like. It is the duty of the court....is not discharged by an assignment at such a time or under such circumstances as to preclude the giving of effective aid in the preparation and trial... | |
 | Hadley Arkes - 1997 - 316 pages
...counsel, and is incapable adequately of making his own defense because of ignorance, feeble mindedness, illiteracy, or the like it is the duty of the court,...for him as a necessary requisite of due process of law.47 Sutherland wrote in the most circumscribed way, as he took it upon himself to carve out a new... | |
 | Michael Mello - 2002 - 342 pages
...incapable adequately of making his own defense because of ignorance, feeble-mindedness, illiteracy, or rhe like, it is the duty of the court, whether requested or not, to assign counsel for him. The uniquely hideous facts of the Scottsboro case — the farcical appointment of "all members of the... | |
 | James R. Acker, David C. Brody - 2004 - 1342 pages
...counsel, and is incapable adequately of making his own defense because of ignorance, feeblemindedness, illiteracy, or the like, it is the duty of the court,...is not discharged by an assignment at such a time or under such circumstances as to preclude the giving of effective aid in the preparation and trial... | |
 | Deborah L. Rhode - 2004 - 272 pages
...to employ counsel and is incapable of making his own defense because of ignorance, feeblemindedness, illiteracy or the like, it is the duty of the court,...whether requested or not, to assign counsel for him. . . ."20 The next cases to reach the Court made clear the limited scope of the Powell holding. In 1936,... | |
 | Ron Fridell - 2007 - 152 pages
...counsel, and is incapable adequately of making his own defense because of ignorance, feeble-mindedness, illiteracy, or the like, it is the duty of the court,...him as a necessary requisite of due process of law. The ruling, by Justice George Sutherland, mentioned "the failure of the trial court to make an effective... | |
 | Michael A. Cretacci - 2008 - 434 pages
...counsel, and is incapable adequately of making his own defense because of ignorance, feeble-mindedness, illiteracy, or the like, it is the duty of the court,...is not discharged by an assignment at such a time or under such circumstances as to preclude the giving of effective aid in the preparation and trial... | |
 | Scott J. Hammond, Kevin R. Hardwick, Howard Leslie Lubert - 2007 - 988 pages
...counsel, and is incapable adequately of making his own defense because of ignorance, feeble-mindedness, he unscrupulous money changers stand indicted in the...been cast in the pattern of an outworn tradition. Fac or under such circumstances as to preclude the giving of effective aid in the preparation and trial... | |
 | William G. Ross - 2007 - 316 pages
...counsel, and is incapable adequately of making his own defense because of ignorance, feeble mindedness, illiteracy, or the like, it is the duty of the court,...him as a necessary requisite of due process of law." The denial of such a right, the Court indicated, "would be 22. Ibid., 724, 731-32, 732, 733. 23. Addressing... | |
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