Doughty v. Sacks
| Decision Date | 19 June 1963 |
| Docket Number | No. 37036,37036 |
| Citation | 175 Ohio St. 46,191 N.E.2d 727 |
| Parties | , 23 O.O.2d 347 DOUGHTY v. SACKS, Warden. |
| Court | Ohio Supreme Court |
Marvin Doughty, in pro per.
Mark McElroy, Atty. Gen., Aubrey A. Wendt and John J. Connors, Jr., Columbus, for respondent.
This case is now before this court as a result of the action of the Supreme Court of the United States, 372 U.S. 781, 83 S.Ct. 1106, 10 L.Ed.2d 139, in vacating the judgment rendered by this court and remanding it for reconsideration in the light of Gideon v. Wainwright, 372 U.S. 335, 83 S.Ct. 792, 9 L.Ed.2d 799.
The case of Gideon v. Wainwright held that the right to counsel is a fundamental constitutional right and the denial thereof constituted a denial of a fair trial.
However, the facts in the Gideon case are completely different from those in the present case. In Gideon the accused specifically asked thtat counsel be appointed to represent him, which request was denied and the accused was forced to represent himself in the actual trial of the case. Such are not the facts in relation to Doughty. The evidence presented at the original hearing on his application for release by habeas corpus showed that he had discussed the retention of counsel with his wife but never made any request to the court that counsel be appointed to represent him, unlike Gideon who requested and was refused counsel.
Therefore, the court adheres to its original judgment.
Former judgment adhered to.
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State v. Laskey
...Doughty v. Maxwell (1963) 372 U.S. 781, 83 S.Ct. 1106, 10 L.Ed.2d 139. This court adhered to its original judgment, Doughty v. Sacks (1963), 175 Ohio St. 46, 191 N.E.2d 727, and was reversed by the United States Supreme Court in Doughty v. Maxwell (1964), 376 U.S. 202, 84 S.Ct. 702, 11 L.Ed......
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United States v. LaVallee
...decision after concluding that Gideon was not dispositive because Doughty had failed to request the assistance of counsel. 175 Ohio St. 46, 191 N.E.2d 727 (1963). It was this second Ohio decision, refusing to apply Gideon to a case in which the defendant pleaded guilty and did not request c......
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United States v. State of New Jersey, 14833
...less is not waiver." Carnley v. Cochran, 369 U.S. 506, 516, 82 S.Ct. 884, 890, 8 L.Ed.2d 70 (1962). Compare Doughty v. Sacks, 175 Ohio St. 46, 47, 191 N.E.2d 727 (1963), rev'd per curiam, Doughty v. Maxwell, 376 U.S. 202, 84 S.Ct. 702, 11 L.Ed.2d 650 (1964). Accordingly, the judgments of th......
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United States v. Penta, No. 72-1331.
...335, 83 S.Ct. 792, 9 L.Ed.2d 799; Doughty v. Maxwell, 1964, 376 U.S. 202, 84 S.Ct. 702, 11 L.Ed.2d 650, reversing Doughty v. Sacks, 1963, 175 Ohio St. 46, 191 N.E.2d 727; see Pickelsimer v. Wainwright, 1963, 375 U.S. 2, 3-4, 84 S.Ct. 80, 11 L.Ed.2d 41 (Harlan, J., dissenting), the Loper hol......