Westbrook v. Arizona
Citation | 86 S.Ct. 1320,16 L.Ed.2d 429,384 U.S. 150 |
Decision Date | 02 May 1966 |
Docket Number | M,No. 1250,1250 |
Parties | Thomas A. WESTBROOK v. ARIZONA. isc |
Court | United States Supreme Court |
W. Edward Morgan, for petitioner.
Darrell F. Smith, Atty. Gen. of Arizona, and Paul G. Rosenblatt, Asst. Atty. Gen., for respondent.
The motion for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. Although petitioner received a hearing on the issue of his competence to stand trial, there appears to have been no hearing or inquiry into the issue of his competence to waive his constitutional right to the assistance of counsel and proceed, as he did, to conduct his own defense. Johnson v. Zerbst, 304 U.S. 458, 465, 58 S.Ct. 1019, 1023, 82 L.Ed. 1461; Carnley v. Cochran, 369 U.S. 506, 82 S.Ct. 884, 8 L.Ed.2d 70.
From an independent examination of the record, we conclude that the question whether this 'protecting duty' was fulfilled should be re-examined in light of our decision this Term in Pate v. Robinson, 383 U.S. 375, 86 S.Ct. 836. Accordingly, the judgment of the Supreme Court of Arizona is vacated and the case is remanded to that court for proceedings not inconsistent herewith. It is so ordered.
Judgment vacated and case remanded.
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