People ex rel. Lobenthal v. Koehler
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Asch, J.
We hold that the writ of habeas corpus is available to a relator who has been denied the right to counsel at a contempt hearing held pursuant to section 770 of the Judiciary Law. The right to counsel is of such transcending importance to an accused who faces the prospect of imprisonment that the failure to afford such right, apparent on the face of the record before us, must give the relator the right to habeas corpus relief. To the person who is wrongfully detained, it matters not at all whether the gate to the jail is "criminal” or "civil”.
In a judgment of…
2Cases cited13 opinions
- Lassiter v. Department of Social Servs. of Durham Cty.Supreme Court of the United States · 1981
- Argersinger v. HamlinSupreme Court of the United States · 1972
- In Re OliverSupreme Court of the United States · 1948
- People ex rel. Keitt v. McMannNew York Court of Appeals · 1966
- Hickland v. HicklandAppellate Division of the Supreme Court of the State of New York · 1977
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3Cited by10 opinions
- Mead v. BatchlorMichigan Supreme Court · 1990
- DeMarco v. RafteryAppellate Division of the Supreme Court of the State of New York · 1997
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- Davey v. KellyAppellate Division of the Supreme Court of the State of New York · 2008
- Department of Housing Preservation & Development v. GottliebCivil Court of the City of New York · 1987
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