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Avery v. Alabama, 308 U.S. 444 (1940)
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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.
Avery v. Alabama, 308 U.S. 444 (1940)
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Avery v. Alabama No. 124 Argued December 7, 1939 Decided January 2, 1940 308 U.S. 444
CERTIORARI TO THE SUPREME COURT OF ALABAMA
Syllabus
1. The guarantee by the Fourteenth Amendment of assistance of counsel in a criminal case is not satisfied by a formal appointment of counsel to defend the accused, but includes an opportunity for consultation between them and for preparation of the defense. P. 446.
2. Upon review of a decision of a state court, the question whether an accused has been denied the federal constitutional right to the assistance of counsel is to be determined by this Court upon an independent examination of the record. P. 447.
3. Upon the record in this case, held that denial by the trial court of a motion for a continuance, made by appointed counsel to obtain more time to prepare the defense did not, under the circumstances disclosed, deprive the accused of his constitutional right to the assistance of counsel. P. 450.
237 Ala. 616, 188 So. 391, affirmed.
Certiorari, post, p. 540, to review the affirmance of a conviction of murder.
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Chicago: U.S. Supreme Court, "Syllabus," Avery v. Alabama, 308 U.S. 444 (1940) in 308 U.S. 444 308 U.S. 445. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=FR726J421X5A3AZ.
MLA: U.S. Supreme Court. "Syllabus." Avery v. Alabama, 308 U.S. 444 (1940), in 308 U.S. 444, page 308 U.S. 445. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=FR726J421X5A3AZ.
Harvard: U.S. Supreme Court, 'Syllabus' in Avery v. Alabama, 308 U.S. 444 (1940). cited in 1940, 308 U.S. 444, pp.308 U.S. 445. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=FR726J421X5A3AZ.
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