Townsend v. Burke, 334 U.S. 736 (1948)

Please note: this case begins in mid-page. It therefore shares a citation with the last page of the previous case. If you are attempting to follow a link to the last page of 334 U.S. 728, click here.

Townsend v. Burke


No. 542


Argued April 27, 1948
Decided June 14, 1948
334 U.S. 736

CERTIORARI TO THE SUPREME COURT OF PENNSYLVANIA

Syllabus

1. That a defendant convicted in a state court of a noncapital offense on a plea of guilty had been held incommunicado for a period of 40 hours between his arrest and his plea of guilty has no bearing on the validity of his conviction -- particularly when he makes no allegation that the circumstances of his detention induced his plea of guilty. Pp. 737-738.

2. Where a defendant so convicted was not represented by counsel and it appears from the record that, while the court was considering the sentence to be imposed, the defendant actually was prejudiced either by the prosecution’s submission of misinformation regarding his prior criminal record or by the court’s careless misreading of that record, he was denied due process of law, and the conviction cannot be sustained. Pp. 738-741.

Reversed.

Certiorari, 332 U.S. 854, to review denial of writ of habeas corpus by the Supreme Court of Pennsylvania. Reversed, p. 741.