Legal Opinion

Phillips v. North Carolina

Court of Appeals for the Fourth Circuit

Decided November 9, 1970No. 14252PublishedCited by 13 opinions

1Opinion of the Court

BUTZNER, Circuit Judge:

In Coleman v. Alabama, 399 U.S. 1, 90 S.Ct. 1999, 26 L.Ed.2d 387 (1970), the Supreme Court held that the Sixth Amendment requires the appointment of counsel to represent indigents at Alabama preliminary hearings. In 1966, Lewis Thomas Phillips, unassisted by counsel, was bound over to a grand jury at a preliminary hearing which both parties agree is materially the same as Alabama’s.1 2Subsequently, he was indicted, assigned counsel, tried on a plea of not guilty, and convicted of murder. In this appeal from the denial of a petition for habeas corpus, the sole issue is…

2Cases cited39 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Chapman v. CaliforniaSupreme Court of the United States · 1967
  3. United States v. WadeSupreme Court of the United States · 1967
  4. Gideon v. WainwrightSupreme Court of the United States · 1963
  5. Gideon v. WainwrightSupreme Court of the United States · 1963

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3Cited by13 opinions

  1. Adams v. IllinoisSupreme Court of the United States · 1972
  2. William C. Shiflett v. Commonwealth of Virginia, and C. C. Peyton, Superintendent of the Virginia State Penitentiary, John Henry Love v. Commonwealth of Virginia, Orrillion D. James v. C. C. Peyton, Superintendent of the Virginia State PenitentiaryCourt of Appeals for the Fourth Circuit · 1971
  3. Stanley C. Olsen v. E. C. EllsworthCourt of Appeals for the Ninth Circuit · 1971
  4. Shiflett v. VirginiaCourt of Appeals for the Fourth Circuit · 1971
  5. United States of America Ex Rel. Edwin Walker v. James F. Maroney, Superintendent State Correctional Institution, Pittsburgh, PennaCourt of Appeals for the Third Circuit · 1971

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