Argersinger v. Hamlin
United States Supreme Court
407 U.S 25, 92 S. Ct. 2006, 32 L.Ed.2d 530 (1972)
- Written by DeAnna Swearingen, LLM
Facts
Jon Argersinger (defendant), who was indigent, was charged in Florida state court with carrying a concealed weapon. The misdemeanor offense was punishable with imprisonment up to six months, a $1,000 fine, or both. The case was tried to a judge, and Argersinger was not represented by counsel. Argersinger was convicted and sentenced to 90 days in jail. Argersinger filed a habeas corpus petition in the Florida Supreme Court to challenge his detention, arguing that he was deprived of his Sixth Amendment right to counsel. The Florida Supreme Court held that the constitutional right to counsel extended only to trials for nonpetty offenses punishable by more than six months’ imprisonment. The United States Supreme Court granted certiorari.
Rule of Law
Issue
Holding and Reasoning (Douglas, J.)
Concurrence (Powell, J.)
Concurrence (Burger, C.J.)
Concurrence (Brennan, J.)
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