In re Stevens

• Decision Date: 27 June 1945
• Docket Number: A-10590.
• Parties: In re STEVENS.
• Court: United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma

160 P.2d 415

81 Okla.Crim. 65

In re STEVENS.

No. A-10590.

Court of Criminal Appeals of Oklahoma

June 27, 1945

Original proceeding in habeas corpus by F. C. Stevens to obtain relief from confinement in penitentiary.

Judgment in accordance with opinion.

Syllabus by the Court.

1. Whether one accused of crime has waived the right to the assistance of counsel for his defense must depend in each case upon the particular facts and circumstances surrounding that case, including the background, experience, and conduct of the accused.

2. Habeas corpus is an available remedy to one who has, without having effectively waived his constitutional right to the assistance of counsel, been convicted and sentenced and to whom expiration of time has rendered relief by an application for a new trial or by appeal unavailable.

3. One charged with crime is as much entitled to assistance of counsel in preparing for trial as at the trial itself.

4. In a felony case, where the defendant is unable to employ counsel and is incapable adequately of making his own defense because of ignorance, feeble-mindedness, illiteracy, or the like, it is the duty of the court, whether requested or not, to assign counsel for him as a necessary requisite of due process of law.

5. A judgment of conviction of one who did not effectively waive his constitutional right to the assistance of counsel for his defense is void as having been rendered without jurisdiction.

6. When the accused is aged, illiterate inexperienced in court proceedings, and is charged with a felony, the court should proceed with caution. The caution to be exercised depends upon the gravity of the offense charged.

7. Where aged defendant, without counsel, enters plea of guilty on day of arraignment to capital offense charged against him by information and, later, seeks relief by the extraordinary remedy of habeas corpus, the burden of proof rests upon him to establish that he did not competently and intelligently waive his constitutional right to assistance of counsel.

8. Where record discloses that one accused of capital offense of rape in the first degree is aged, illiterate, inexperienced in court proceedings, that information was filed and accused was arraigned, entered plea of guilty without advice of counsel, and was sentenced, all on the same day held, trial court lost jurisdiction to pronounce judgment on the plea of guilty by failure to complete the court by providing counsel for the accused who did not intelligently waive his right to the assistance of counsel.

9. Where the judgment and sentence pronounced against the accused is void by reason of the failure of the court to appoint counsel for the accused at the time of his arraignment and record discloses that accused did not effectively waive his constitutional right to assistance of counsel for his defense, the proceedings in the lower court subsequent to the filing of the information will be vacated and set aside and the accused remanded to the custody of the sheriff of the county where the information is pending to be proceeded against the same as if no arraignment had everbeen held.

Wimbish & Wimbish, of Ada, for petitioner.

Randell S. Cobb, Atty. Gen., and Jess L Pullen, Asst. Atty. Gen., for respondent.

JONES Judge.

This is an original proceeding in habeas corpus to secure the release of the petitioner from confinement in the State Penitentiary at McAlester.

The verified petition filed herein alleges that on March 7, 1944, a complaint was filed against the petitioner in a justice of the peace court of Murray County, charging the petitioner with the crime of rape. That on the 8th day of March, 1944, the petitioner was taken before the justice of the peace. That he was not advised of any of his constitutional or statutory rights, nor the exact nature of the charge against him. That he was not advised of his right to have a preliminary examination, nor was he furnished with a copy of the complaint, nor was he given a list of the names of the witnesses who would be called to testify against him.

That on March 15, 1944, an information was filed in the District Court of Murray County. That on the same date, the petitioner was brought before the District Court for arraignment. That the petitioner, although 70 years of age and wholly illiterate and uneducated, appeared without counsel. That the information was not read to the defendant and no copy thereof with a list of the witnesses endorsed thereon served on petitioner. That a copy of said information was filed in the office of the court clerk of Murray County, but, instead of being served on the petitioner at the time of arraignment, remained at the office of the court clerk until procured by counsel for petitioner preparatory to the institution of this proceeding.

That the District Court of Murray County did not advise the petitioner of his right to benefit of counsel and of his right to have counsel appointed to represent him in case of his inability to employ counsel. That no counsel was appointed to represent the petitioner and that petitioner did not waive any of his statutory or constitutional rights. That the court inquired of petitioner whether he wished to plead guilty to the charge set forth in the information and that petitioner did plea guilty thereto, and that the trial court, without postponing the judgment for two days, proceeded at once to sentence him to serve a term of 99 years imprisonment in the State Penitentiary at McAlester, and he was, by the Sheriff, immediately taken to the said State Penitentiary, where he was been held in custody since said date.

That the petitioner is wholly senile and physically unable to commit the crime charged against him. That had he had the benefit of counsel to advise with him he would not have entered a plea of guilty.

The verified petition prayed that this court find that the judgment of the District Court of Murray County was void and of no effect because the judgment was obtained without due process of law and that the petitioner be granted his relief from unlawful restraint.

A response was filed on behalf of the Warden of the State Penitentiary, in which it was alleged that the Warden is restraining the petitioner of his liberty under the following circumstances:

'That on the 7th day of March, 1944, a complaint was filed before Justice of the Peace O. C. Shaffer, Sulphur Township, Murray County, Oklahoma, charging said petitioner with Rape in the First Degree; that on the 8th day of March, 1944, said defendant was arraigned and fully advised as to his rights under the law, and defendant entered a plea of not guilty and waived preliminary hearing; that thereafter, and on the 9th day of March, 1944, said case was by transcript filed in the district court of Murray County, Oklahoma; that on the 15th day of March, 1944, defendant appeared in person in open court, heard the reading of the Information, was informed of his constitutional rights by the court, waived formal arraignment and time to plead and entered his plea of guilty. Thereupon, the court sentenced said defendant to serve a term of ninety-nine (99) years in the Oklahoma State Penitentiary at McAlester, Oklahoma.

'This response and the contents thereof are true and correct as shown by Exhibit 'A', same being Affidavit of the Justice of the Peace before whom petitioner appeared at the time of the preliminary; Exhibit 'B', Affidavit of the court clerk of Murray County, Oklahoma, and Exhibit 'C', Affidavit of the trial judge who informed said defendant of his rights, received his plea, accepted same and sentenced said petitioner.'

The minutes of the District Court read as follows: 'Defendant appeared in open court in person and is informed of his rights by the Court. Defendant waives formal arraignment and time to plead and heard reading of the information and enters his plea of guilty. Judgment and sentence of the Court is that the Defendant, F. C. Stevens, be by the Sheriff of Murray County delivered to the Warden of the State Penitentiary at McAlester, to serve a period of ninety-nine (99) years.'

The affidavit of the District Judge who pronounced sentence against the petitioner recites: 'Affiant states that on the 15th day of March, 1944, the defendant F. C. Stevens was duly arraigned in the District Court of Murray County...