CONSTITUTIONAL LAW-DUE PROCESS-FEDERAL RIGHT TO COUNSEL IN NON-CAPITAL CASES IN STATE COURTS

Authors

J. D. McLeod, University of Michigan Law SchoolFollow

Abstract

Petitioner was convicted in Illinois on pleas of guilty to two indictments charging him with a non-capital offense. On writ of error to the Supreme Court of Illinois, petitioner alleged that the trial court had not inquired into his desire or ability to have counsel and that he had been convicted without having had assistance of counsel. His contention that the circumstances alleged constituted a violation of the State and Federal Constitutions was overruled, and the judgments of the lower court affirmed. On certiorari to the United States Supreme Court, held affirmed. The due process clause of the Fourteenth Amendment does not necessarily embody the rights assured by the Sixth Amendment. The procedure in the trial court was not a denial of due process. Four justices dissented. Bute v. Illinois, 333 U.S. 640, 68 S.Ct. 763 (1948).

Recommended Citation

J. D. McLeod, CONSTITUTIONAL LAW-DUE PROCESS-FEDERAL RIGHT TO COUNSEL IN NON-CAPITAL CASES IN STATE COURTS, 47 Mich. L. Rev. 705 (1949).
Available at: https://repository.law.umich.edu/mlr/vol47/iss5/10