United States v. Robert Patrick Morgan

FRANK, Circuit Judge.

1. The district judge made a finding of fact that, when pleading guilty, Morgan “was not advised of his right to counsel, and that he did not intelligently waive such right”. 1 As this finding rests on Morgan’s oral testimony, it is not “clearly erroneous” and must stand. Despite this finding, the judge denied relief because Morgan (a) made no showing of his innocence, and (b) had too long slept upon his rights. 2 We think the judge erred.

2. Under the Sixth Amendment (as distinguished from the Fourteenth), a defendant’s assistance by counsel in a criminal trial is an…