Crawford v. State

*150DISSENTING OPINION

ONION, Judge.

This case presents the question of the retroactivity of the holding in Mempa v. Rhay (Walkling v. Washington), 389 U.S. 128, 88 S.Ct. 254, 19 L.Ed.2d 336. In Mem-pa, which involved the revocation of probation in the State of Washington, the United States Supreme Court held that the appointment of counsel for an indigent is required at every stage of a criminal proceeding where substantial rights may be affected, and as a matter of federal constitutional law, a lawyer must be afforded such accused at a proceeding for revocation of probation or deferred sentencing.