389 U.S. 902 (1967), 115, Heller v. Connecticut.

Docket Nº:No. 115.
Citation:389 U.S. 902, 88 S.Ct. 213, 19 L.Ed.2d 218
Party Name:Mark F. HELLER, petitioner, v. CONNECTICUT.
Case Date:October 16, 1967
Court:United States Supreme Court

Page 902

389 U.S. 902 (1967)

88 S.Ct. 213, 19 L.Ed.2d 218

Mark F. HELLER, petitioner,

v.

CONNECTICUT.

No. 115.

United States Supreme Court.

October 16, 1967

Rehearing Denied Dec. 4, 1967.

COUNSEL

[88 S.Ct. 213] David M. Reilly, for petitioner.

William I. Mark, for respondent.

OPINION

Petition for writ of certiorari to the Supreme Court of Connecticut.

Denied.

Mr. Justice FORTAS, with whom Mr. Justice DOUGLAS joins, dissenting from the denial of certiorari.

A policeman saw petitioner seated in an improperly parked car at 1:50 a. m. The policeman spoke to petitioner, but received no reply. He detected a strong odor of alcohol on petitioner's breath. He took petitioner to a nearby police station. Petitioner requested permission to call an attorney. The request was refused. He was questioned, but refused to answer. He said he would answer questions 'if he could call a lawyer.'

According to the police, petitioner was unsteady on his feet and his clothes were disarranged. No medical or chemical test for drunkenness was administered to petitioner or requested by him. Petitioner refused, in the absence of counsel, to submit to the performance tests routinely used by police in such cases.

Petitioner was placed in a cell. He was awakened at 7:05 a. m., signed a form to the effect that he had been warned of his right to counsel, to remain silent and to be free on bail. Ten minutes later, he telephoned his attorney.

Petitioner was thereafter brought to trial before a judge of the Seventh Circuit Court of Connecticut. He was represented by counsel. He demanded and was denied a jury trial. He also asserted that his rights under the Sixth and Fourteenth Amendments to the United States Constitution had been violated because he was denied counsel at the time of his detention and examination at the police station. These claims were denied, and judgment was entered that defendant was guilty of the crime

Page 903

of being 'found intoxicated.' Gen.Stat.Conn. § 53-246.

The maximum penalty for this offense under Connecticut law is a $20 fine or a jail sentence of 30 days, or both. Petitioner was sentenced to a fine of $20 and a jail sentence of 10 days. Execution of the jail sentence was suspended. On appeal, the judgment was affirmed by the Appellate Division of the Circuit Court of...

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6 practice notes
  • 247 A.2d 502 (Conn.Cir.A.D. 1968), CR 10-25818, State v. Simmonds
    • United States
    • Connecticut Circuit Court of Connecticut
    • September 13, 1968
    ...ex rel. Plutshack v. State Department of Health & Social Services, 37 Wis.2d 713, 722, 155 N.W.2d 549; cf. Heller v. Connecticut, 389 U.S. 902, 88 S.Ct. 213, (dissent from denial of certiorari); DeJoseph v. State of Connecticut, 385 U.S. 982, 87 S.Ct. 526, 17 L.Ed.2d 443 (dissent from d......
  • 236 So.2d 442 (Fla. 1970), 39309, State ex rel. Argersinger v. Hamlin
    • United States
    • Florida Supreme Court of Florida
    • June 3, 1970
    ...S.Ct. 207, 17 L.Ed.2d 137 (1966); DeJoseph v. Connecticut, 385 U.S. 982, 87 S.Ct. 526, 17 L.Ed.2d 443 (1966); and Heller v. Connecticut, 389 U.S. 902, 88 S.Ct. 213, 19 L.Ed.2d 679 (1967). And we are by no means persuaded that the position we took in Fish, and the reasoning upon which it was......
  • 389 U.S. 941 (1967), 542, Hayes v. City of Columbus
    • United States
    • Federal Cases United States Supreme Court
    • November 6, 1967
    ...Mr. Justice FORTAS dissents for the reasons stated in his dissent from the denial of certiorari in Heller v. Connecticut, 389 U.S., 902, 88 S.Ct. 213, 19 L.Ed.2d 293, decided October 16,...
  • 277 A.2d 216 (N.J. 1971), A--90, Rodriguez v. Rosenblatt
    • United States
    • New Jersey Supreme Court of New Jersey
    • May 10, 1971
    ...the Supreme Court again declined to review lower court holdings that Gideon was inapplicable to petty offenses. Cf. Heller v. Connecticut, 389 U.S. 902, 88 S.Ct. 213, 19 L.Ed.2d 218, 679 (1967). However, it recently granted certiorari to review State ex rel. Argersinger v. Hamilin, 236 So.2......
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6 cases
  • 247 A.2d 502 (Conn.Cir.A.D. 1968), CR 10-25818, State v. Simmonds
    • United States
    • Connecticut Circuit Court of Connecticut
    • September 13, 1968
    ...ex rel. Plutshack v. State Department of Health & Social Services, 37 Wis.2d 713, 722, 155 N.W.2d 549; cf. Heller v. Connecticut, 389 U.S. 902, 88 S.Ct. 213, (dissent from denial of certiorari); DeJoseph v. State of Connecticut, 385 U.S. 982, 87 S.Ct. 526, 17 L.Ed.2d 443 (dissent from d......
  • 236 So.2d 442 (Fla. 1970), 39309, State ex rel. Argersinger v. Hamlin
    • United States
    • Florida Supreme Court of Florida
    • June 3, 1970
    ...S.Ct. 207, 17 L.Ed.2d 137 (1966); DeJoseph v. Connecticut, 385 U.S. 982, 87 S.Ct. 526, 17 L.Ed.2d 443 (1966); and Heller v. Connecticut, 389 U.S. 902, 88 S.Ct. 213, 19 L.Ed.2d 679 (1967). And we are by no means persuaded that the position we took in Fish, and the reasoning upon which it was......
  • 389 U.S. 941 (1967), 542, Hayes v. City of Columbus
    • United States
    • Federal Cases United States Supreme Court
    • November 6, 1967
    ...Mr. Justice FORTAS dissents for the reasons stated in his dissent from the denial of certiorari in Heller v. Connecticut, 389 U.S., 902, 88 S.Ct. 213, 19 L.Ed.2d 293, decided October 16,...
  • 277 A.2d 216 (N.J. 1971), A--90, Rodriguez v. Rosenblatt
    • United States
    • New Jersey Supreme Court of New Jersey
    • May 10, 1971
    ...the Supreme Court again declined to review lower court holdings that Gideon was inapplicable to petty offenses. Cf. Heller v. Connecticut, 389 U.S. 902, 88 S.Ct. 213, 19 L.Ed.2d 218, 679 (1967). However, it recently granted certiorari to review State ex rel. Argersinger v. Hamilin, 236 So.2......
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