Braden v. State

The majority opinion confuses the right to be represented by counsel, the right to have counsel appointed or furnished to an accused unable to employ or obtain cotinsel because of indigency, and the requirement under the facts before the Court in Harvey v. State of Mississippi, 340 F.2d 263, under which the Fifth Circuit Court held that the failure of notice to Harvey of his right to the assistance of counsel rendered his incarceration constitutionally improper.

There was no question of indigeney in Harvey v. State of Mississippi. It is clear to the writer that had a fine been assessed, (which…