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Encyclopedia > Johnson v. Zerbst

Johnson v. Zerbst


Facts:

In the 1938 case of Johnson v. Zerbst, the petitioner, Johnson, had been convicted in federal court of feloniously possessing, uttering, and passing counterfeit money in a trial where he had not been represented by an attorney but instead by himself. From a federal penitentiary, Johnson filed for habeas corpus relief, meaning he asked to be released because he felt he was being held unlawfully, claiming that his Sixth Amendment right to counsel had been violated, but he was denied by both a federal district court and the court of appeals. For other uses, see Habeas corpus (disambiguation). ... The Sixth Amendment may mean the: Sixth Amendment to the United States Constitution - part of the Bill of Rights. ... The Right to a fair trial is an essential right in all countries respecting the rule of law. ... The United States district courts are the general trial courts of the United States federal court system. ... Court of Appeals is the title of certain appellate courts in various jurisdictions. ...


Supreme Court Involvement:

The Supreme Court agreed to hear the case and overturned the decisions of the lower courts. In a six to two decision, the Court held that the federal court had infringed upon Johnson’s life and liberty by not giving him counsel to defend him during trial. In the majority opinion written by Justice Hugo Black, the Court held that, The supreme court in some countries, provinces, and states, functions as a court of last resort whose rulings cannot be challenged. ... Hugo Black Hugo LaFayette Black (February 27, 1886 – September 25, 1971) was a Justice of the Supreme Court of the United States (1937 - 1971). ...


"Since the Sixth Amendment constitutionally entitles one charged with crime to the assistance of counsel, compliance with this constitutional mandate is an essential jurisdictional prerequisite to a federal court's authority to deprive an accused of his life or liberty. When this right is properly waived, the assistance of counsel is no longer a necessary element of the court's jurisdiction to proceed to conviction and sentence. If the accused, however, is not represented by counsel and has not competently and intelligently waived his constitutional right, the Sixth Amendment stands as a jurisdictional bar to a valid conviction and sentence depriving him of his life or his liberty." The Sixth Amendment may mean the: Sixth Amendment to the United States Constitution - part of the Bill of Rights. ... The Sixth Amendment may mean the: Sixth Amendment to the United States Constitution - part of the Bill of Rights. ...


This set the precedent that a person has the right to be represented by an attorney unless they waive their right to counsel knowing full well the potential consequences. This precedent, however, at the time only made this right applicable to federal defendants and did not extend quite yet to defendants in trials under state jurisdiction, something that changed with the Gideon v. Wainwright decision. Holding The Sixth Amendment right to counsel is a fundamental right applied to the states through the Fourteenth, and requires that indigent criminal defendants be provided counsel at trial. ...


  Results from FactBites:
 
Betts v. Brady - Wikipedia, the free encyclopedia (572 words)
Zerbst, the Supreme Court had held that defendants in federal courts had a right to counsel guaranteed by the Sixth Amendment.
Alabama, the Court had held that state defendants in capital cases were entitled to counsel, even when they could not afford it; however, the right to an attorney in trials in the states was not yet obligatory in all cases as it was in federal courts under Johnson v.
Zerbst, making the point that had the proceedings of Betts’s case been held in federal court, his petition for counsel to be appointed to him would have been accepted and counsel would have been appointed.
  More results at FactBites »


 

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