Legal Opinion

Betty J. James and Raymond Miller v. Walter Headley, Chief of Police of the City of Miami

Court of Appeals for the Fifth Circuit

Decided April 9, 1969No. 25892PublishedCited by 58 opinions

1Opinion of the Court

WISDOM, Circuit Judge:

The question this case presents is whether an accused has the right to court-appointed counsel when charged with only “a petty offense”, that is, an offense carrying the maximum penalty of six months. 1 This gets down to whether Harvey v. Mississippi, 5 Cir. 1965, 340 F.2d 263, is viable. If it is, do the petitioners before us come under aegis of Harvey "l We hold that the right to counsel, as articulated in Harvey, is alive and well and living in this circuit, and applies to the present case.

On November 19, 1967, Betty J. James was arrested in Miami, Florida, for the…

2Cases cited40 opinions

  1. Johnson v. ZerbstSupreme Court of the United States · 1938
  2. Gideon v. WainwrightSupreme Court of the United States · 1963
  3. Gideon v. WainwrightSupreme Court of the United States · 1963
  4. In Re GAULTSupreme Court of the United States · 1967
  5. Powell v. AlabamaSupreme Court of the United States · 1932

35 more not listed; retrieve them via the Exa API.

3Cited by58 opinions

  1. Argersinger v. HamlinSupreme Court of the United States · 1972
  2. Baker v. City of FairbanksAlaska Supreme Court · 1970
  3. Rodriguez v. ROSENBLATTSupreme Court of New Jersey · 1971
  4. Commonwealth v. SheehanSupreme Court of Pennsylvania · 1971
  5. Alexander v. City of AnchorageAlaska Supreme Court · 1971

53 more not listed; retrieve them via the Exa API.

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