Alabama v. Shelton

Justice Scalia, with whom The Chief Justice, Justice Kennedy, and Justice Thomas join,

dissenting.

In Argersinger v. Hamlin, 407 U. S. 25, 37 (1972), we held that “absent a knowing and intelligent waiver, no person may be imprisoned for any offense ... unless he was represented by counsel at his trial.” (Emphasis added.) Although, we said, the “run of misdemeanors will not be affected” by this rule, “in those that end up in the actual deprivation of a person’s liberty, the accused will receive the benefit” of appointed counsel. Id., at 40 (emphasis added). We affirmed this rule in Scott v.…