Legal Opinion · Dissent

McLendon v. State

Court of Appeals of Georgia

Decided January 21, 1971No. 45719Published

1DissentHall, Presiding Judge

The Georgia and United States Constitutions do not promise merely the facade of legal representation to one accused of a crime. The right to counsel is an empty privilege if it does not comprehend the right of counsel to prepare. "The defendant needs counsel and counsel needs time.” Hawk v. Olson, 326 U. S. 271, 278 (66 SC 116, 90 LE 61).

1. Defendant was indicted and arrested in August of 1967. He immediately employed counsel, his brother-in-law, M. G. Hill, and Leroy Johnson. Upon his release from jail, these lawyers told him that his case had been "thrown out.” Three months later, while…

2Cases cited20 opinions

  1. Hawk v. OlsonSupreme Court of the United States · 1945
  2. Brown v. Western R. Co. of Ala.Supreme Court of the United States · 1949
  3. Hill v. WillisSupreme Court of Georgia · 1968
  4. Roach v. StateSupreme Court of Georgia · 1966
  5. Tiller v. StateSupreme Court of Georgia · 1968

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