Legal Opinion · Dissent

Reid v. State

Supreme Court of Kansas

Decided November 3, 1973No. 47,189Published

1DissentPrager, J.

I cannot in good conscience concur in the decision of the majority of the court that the petitioner Reid’s constitutional right to the assistance of counsel was satisfied under the totality of circumstances shown in the record in this case. In Avery v. Alabama, 308 U. S. 444, 84 L. Ed. 377, 60 S. Ct. 321, the Supreme Court of the United States stated that the mere formal appointment of counsel, without allowing an opportunity for counsel to confer, to consult with the accused and to prepare his defense, may constitute a violation of the constitutional guaranty of assistance by counsel.

In the…

2Cases cited5 opinions

  1. Avery v. AlabamaSupreme Court of the United States · 1940
  2. Alfred Coles v. C. C. Peyton, Superintendent of the Virginia State PenitentiaryCourt of Appeals for the Fourth Circuit · 1968
  3. Norman F. Twiford v. C. C. Peyton, Superintendent of the Virginia State PenitentiaryCourt of Appeals for the Fourth Circuit · 1967
  4. Clarence Irvin Turner v. State of MarylandCourt of Appeals for the Fourth Circuit · 1963
  5. Johnson v. CoxDistrict Court, W.D. Virginia · 1970

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