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Carnley v. Cochran, 369 U.S. 506 (1962)
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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.
Carnley v. Cochran, 369 U.S. 506 (1962)
Carnley v. Cochran No. 158 Argued February 221, 1962 Decided April 30, 1962 369 U.S. 506
CERTIORARI TO THE SUPREME COURT OF FLORIDA
Syllabus
Petitioner, an illiterate, was tried in a Florida State Court without counsel and was convicted of serious noncapital offenses. The record was silent as to whether he had been offered and had waived counsel, but it clearly showed that he was incapable of conducting his own defense.
Held:
1. Petitioner’s case was one in which the assistance of counsel, unless intelligently and understandingly waived by him, was a right guaranteed him by the Fourteenth Amendment. Pp. 506-513.
2. Presuming waiver of counsel from a silent record is impermissible. To sustain a claim that counsel was waived, the record must show, or there must be an allegation and evidence which show, that the accused was offered counsel but intelligently and understandingly rejected the offer. Pp. 513-517.
123 So. 2d 249, reversed and cause remanded.
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Chicago: U.S. Supreme Court, "Syllabus," Carnley v. Cochran, 369 U.S. 506 (1962) in 369 U.S. 506 Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=UJUTWQFHX6H96K3.
MLA: U.S. Supreme Court. "Syllabus." Carnley v. Cochran, 369 U.S. 506 (1962), in 369 U.S. 506, Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=UJUTWQFHX6H96K3.
Harvard: U.S. Supreme Court, 'Syllabus' in Carnley v. Cochran, 369 U.S. 506 (1962). cited in 1962, 369 U.S. 506. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=UJUTWQFHX6H96K3.
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