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Johnson v. Zerbst, 304 U.S. 458 (1938)
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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.
Johnson v. Zerbst, 304 U.S. 458 (1938)
Johnson v. Zerbst No. 699 Argued April 4, 1938 Decided May 23, 1938 304 U.S. 458
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE FIFTH CIRCUIT
Syllabus
1. A person charged with crime in a federal court is entitled by the Sixth Amendment to the assistance of counsel for his defense. P. 462.
2. This right may be waived, but the waiver must be an intelligent one, and whether there was such must depend upon the particular facts and circumstances, including background, experience, and conduct of accused. P. 464.
3. It is a duty of a federal court in the trial of a criminal case to protect the right of the accused to counsel, and, if he has no counsel, to determine whether he has intelligently and competently waived the right. It would be fitting that such determination be made a matter of record. P. 465.
4. If the accused 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. P. 468.
5. The question whether the assistance of counsel was intelligently and competently waived by the prisoner at his trial may be determined in habeas corpus proceedings on proofs aliunde. P. 467.
92 F.2d 748, reversed.
CERTIORARI, 303 U.S. 629, to review the affirmance of a judgment of the District Court discharging a writ of habeas corpus. See 13 F.Supp. 253.
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Chicago: U.S. Supreme Court, "Syllabus," Johnson v. Zerbst, 304 U.S. 458 (1938) in 304 U.S. 458 Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=I8RQ8M21HT29SFW.
MLA: U.S. Supreme Court. "Syllabus." Johnson v. Zerbst, 304 U.S. 458 (1938), in 304 U.S. 458, Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=I8RQ8M21HT29SFW.
Harvard: U.S. Supreme Court, 'Syllabus' in Johnson v. Zerbst, 304 U.S. 458 (1938). cited in 1938, 304 U.S. 458. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=I8RQ8M21HT29SFW.
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