|
|
Foster v. Illinois, 332 U.S. 134 (1947)
Contents:
Show Summary
Hide Summary
General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Foster v. Illinois, 332 U.S. 134 (1947)
Foster v. Illinois No. 540 Argued May 8, 1947 Decided June 23, 1947 332 U.S. 134
CERTIORARI TO THE SUPREME COURT OF ILLINOIS
Syllabus
1. In reviewing on writ of error a conviction for burglary and larceny in which it was claimed that the right to counsel had been denied contrary to the Fourteenth Amendment, a state supreme court was confined by local practice to the common law record. That record contained no specific recital of an offer of counsel, but it showed that the defendant was a mature man, and that, before accepting his plea of guilty, the trial court advised him of his "rights of trial" and of the consequences of a plea of guilty, and it contained nothing to contradict this account of the proceedings. In the state supreme court, there was neither proof nor uncontradicted allegation of any actual miscarriage of justice in accepting the plea of guilty, and that court affirmed the conviction.
Held: on this record, to which review in this Court is confined, there is no showing of a denial of due process under the Fourteenth Amendment. Pp. 138-139.
2. The provision of the Sixth Amendment which guarantees to an accused in a criminal prosecution in a federal court the absolute right "to have the Assistance of Counsel for his defence," is not made applicable by the Fourteenth Amendment to prosecutions in state courts. Pp. 136-137.
394 Ill.194, 68 N.E.2d 252, affirmed.
In an original proceeding in the Supreme Court of Illinois, petitioners challenged the validity, under the Federal Constitution, of sentences of imprisonment imposed on them upon pleas of guilty in criminal prosecutions in a state court. The State Supreme Court affirmed the judgments. 394 Ill.194, 68 N.E.2d 252. This Court granted certiorari. 329 U.S. 712. Affirmed, p. 139.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," Foster v. Illinois, 332 U.S. 134 (1947) in 332 U.S. 134 332 U.S. 135. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=DNIHFC1GQLWVBA6.
MLA: U.S. Supreme Court. "Syllabus." Foster v. Illinois, 332 U.S. 134 (1947), in 332 U.S. 134, page 332 U.S. 135. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=DNIHFC1GQLWVBA6.
Harvard: U.S. Supreme Court, 'Syllabus' in Foster v. Illinois, 332 U.S. 134 (1947). cited in 1947, 332 U.S. 134, pp.332 U.S. 135. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=DNIHFC1GQLWVBA6.
|