William H. Flint v. Carl Hocker, Warden, Nevada State Prison

HUFSTEDLER, Circuit Judge:

The issue on appeal is this: Do the Sixth and Fourteenth Amendments of the Federal Constitution require that an indigent criminal defendant be afforded the assistance of counsel at a Nevada probation revocation hearing? We hold that they do.

On June 1, 1962, Flint pleaded guilty to a first degree burglary charge for which he was sentenced by a state court in Nevada to a term of one to fifteen years. The court suspended the sentence on June 19, 1962, and placed Flint on two years’ probation. On June 2, 1964, the state court held a probation revocation hearing. Flint…