Criminal Procedure keyed to Kamisar
Betts v. Brady
The petitioner was indicted for robbery in circuit court in Maryland. The petitioner did not have sufficient funds with which to retain an attorney. He informed the Judge of this fact at his arraignment and requested the Court appoint him counsel. The Judge informed the petitioner that it was not the practice of the Court to appoint counsel for indigent defendants, except in prosecutions for murder and rape. Without waiving his right to be represented by counsel, the petitioner pleaded not guilty and elected to be tried without a jury. The petitioner cross examined prosecution witnesses, caused witnesses to be called on his behalf, asserted the defense of alibi, and elected to not take the stand himself. The Judge found the petitioner guilty and imposed a sentence of eight years. While serving his sentence, the petitioner filed a petition for a writ of habeas corpus, with the circuit court, asserting he had been deprived the right to assistance of counsel guaranteed by the Fourteenth Amendment of the Constitution. His contention was rejected. He then filed a petition for a writ of habeas corpus with the Chief Judge of the Court of Appeals of Maryland, again asserting he was denied his Fourteenth Amendment constitutional right to be represented by counsel. Judge Bond granted the writ, but denied the relief requested in the petition. Thereafter, the Petitioner appealed to the Supreme Court of the United States (“Supreme Court”) for certiorari directed toward Judge Bond.
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