Foster v. Illinois

Mr. Justice Rutledge,

with whom Mr. Justice Black, Mr. Justice Douglas, and Mr. Justice Murphy concur,

dissenting.

I think the Sixth Amendment’s guaranty of the right to counsel in criminal causes is applicable to such proceedings as this in state courts.

Apart from that view and upon the Court’s basis that the Fourteenth Amendment by its own force independently prescribes a partial similar guaranty, cf. Palko v. Connecticut, 302 U. S. 319, 327; Betts v. Brady, 316 U. S. 455; Powell v. Alabama, 287 U. S. 45, I am unable to accept its conclusion in this case. Of course if the so-called presumption…