368 U.S. 52, 53, 82 S.Ct. 157
In 1960, the petitioner was indicted in Alabama on a charge of breaking and entering a dwelling at night with intent to ravish, a capital offense for which he was later sentenced to death.1
A second count charged breaking and entering with intent to steal.2
Petitioner was first indicted for burglary and arraigned with counsel present, but subsequently the present indictment relating to the same incident was returned and although his appointed counsel was advised that petitioner would be re-arraigned no lawyer appeared at this arraignment.3
Petitioner appealed his conviction to the Alabama Supreme Court claiming he had been denied counsel at the time of arraignment, yet the Alabama Supreme Court did not reach the merits of the claim because the minute entries indicated that petitioner had counsel at the arraignment and Alabama law does not permit impeaching those entries on appeal.4
When petitioner sought certiorari in the United States Supreme Court, Alabama responded that his remedy was by way of coram nobis, which led to the denial of certiorari in 363 U.S. 852.5
Petitioner then pursued coram nobis in the Alabama courts, but the Supreme Court of Alabama denied relief because it found no showing that petitioner was disadvantaged in any way by the absence of counsel when he interposed his plea of not guilty as reflected in its opinion at 271 Ala. 88, 93, 122 So. 2d 602, 607, and the case reached the United States Supreme Court on certiorari after that decision with the grant of review noted at 364 U.S. 931.6
Whether the petitioner was denied counsel at his arraignment in this capital case?7
In a capital case the Sixth Amendment right to counsel, applicable to the states, requires the guiding hand of counsel at every step of the proceedings, including arraignment when that stage is critical under state law because defenses such as insanity must be pleaded then or lost and pleas in abatement must be asserted or forfeited.8
Yes. The petitioner was first indicted for burglary and arraigned with counsel present.9 When the present capital indictment was returned, no lawyer appeared at the re-arraignment even though appointed counsel had been advised it would occur.10 Under Alabama law arraignment is the point at which the defense of insanity must be pleaded or the opportunity is lost.11 Motions to quash based on grand jury composition must also be made at that time.12
Because the petitioner entered his plea of not guilty without counsel he could not know all defenses available to him or plead intelligently.13 The absence of counsel at this critical stage therefore violated his constitutional rights and requires reversal without any inquiry into whether prejudice resulted.14
The petitioner was denied his constitutional right to counsel at arraignment in this capital case.15