Legal Opinion · Dissent

United States of America Ex Rel. Joseph Marcial, A/K/A Joseph Johnson v. Edward M. Fay, Warden of Green Haven Prison

Court of Appeals for the Second Circuit

Decided August 16, 1957No. 24405_1Published

1DissentLumbard, Circuit Judge

Whether a defendant has been deprived of his constitutional rights in a state prosecution when, without counsel, he pleads guilty to a felony charge not punishable by death, depends upon whether under all the circumstances the proceedings were so fundamentally unfair as to result in an injustice. Uveges v. Commonwealth of Pennsylvania, 1948, 335 U.S. 437, 441, 69 S.Ct. 184, 93 L.Ed. 127; Bute v. People of State of Illinois, 1948, 333 U.S. 640, 670-677, 68 S.Ct. 763, 92 L.Ed. 986; Gallegos v. State of Nebraska, 1951, 342 U.S. 55, 72 S.Ct. 141, 96 L.Ed. 86. The federal courts will not intervene…

2Cases cited12 opinions

  1. United States v. HaymanSupreme Court of the United States · 1952
  2. Bute v. IllinoisSupreme Court of the United States · 1948
  3. Pennsylvania Ex Rel. Herman v. ClaudySupreme Court of the United States · 1956
  4. Uveges v. PennsylvaniaSupreme Court of the United States · 1948
  5. Gallegos v. NebraskaSupreme Court of the United States · 1951

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