United States ex rel. Thomas v. Murphy

JAMES T. FOLEY, Chief Judge.

The time to stop marking time in this District Court on the retroactivity of the noted ruling in Gideon v. Wainwright, 372 U.S. 335, 83 S.Ct. 792, 9 L.Ed.2d 799, and whether its scope is to encompass plea as well as actual trial without counsel, may be near at hand. The sidestepping and buckpassing on this important question and others similar to it seem in my judgment unbecoming to our historic notion that courageous and straightforward decision never hampers but ultimately improves the administration of criminal justice whether it be state or federal. However, I…