McLemore v. Cubley

The sole issue on appeal in this class action1 is whether a juvenile can intelligently and competently waive his right to counsel in a juvenile delinquency proceeding without the prior advice and assistance of counsel. The district court held that such advice and assistance is not constitutionally required and granted a summary judgment for the defendants-appellees. We affirm the district court judgment on the basis of Supreme Court and Fifth Circuit precedent.

In In re Gault, 387 U.S. 1, 87 S.Ct. 1428, 18 L.Ed.2d 527 (1967), the Supreme Court held that juveniles have a due process right to…