State ex rel. Arbraugh v. Boles, No. 12367
| Court | Supreme Court of West Virginia |
| Writing for the Court | BERRY |
| Citation | 139 S.E.2d 370,149 W.Va. 193 |
| Decision Date | 18 December 1964 |
| Docket Number | No. 12367 |
| Parties | STATE ex rel. Larry ARBRAUGH v. Otto C. BOLES, Warden, West Virginia Penitentiary. |
Page 370
v.
Otto C. BOLES, Warden, West Virginia Penitentiary.
Decided Dec. 18, 1964.
Syllabus by the Court
1. 'The right of one accused of a crime to the assistance of counsel is a fundamental right, essential to a fair trial; therefore the safeguard of counsel, provided by the Sixth Amendment to the Constitution of the United States, is made obligatory upon the states by virtue of the due process clause of the Fourteenth Amendment.' Point 1, syllabus, State ex rel. May v. Boles, etc., W.Va. [139 S.E.2d 177].
Page 371
2. 'The right to the assistance of counsel, being a fundamental right, will not be presumed to have been waived by the failure of the accused to request counsel, by his entry of a guilty plea or by reason of a record silent on the matter of counsel.' Point 3, syllabus, State ex rel. May v. Boles, etc., W.Va. [139 S.E.2d 177].
3. Where there is no indication from the record, or otherwise, that an accused was offered counsel, or that he intelligently and understandingly waived the assistance of counsel, the constitutional right of such accused relating thereto has been violated, his conviction and sentence are therefore void, and he should be released from confinement in the penitentiary upon a petition for a writ of habeas corpus.
[149 W.Va. 194] Timothy N. Barber, St. Albans, for relator.
C. Donald Robertson, Atty. Gen., George H. Mitchell, Asst. Atty. Gen., Charleston, for respondent.
BERRY, Judge.
This petition for a writ of habeas corpus was instituted under the original jurisdiction of this Court by the petitioner, Larry Arbraugh, an inmate of the West Virginia State Penitentiary at Moundsville, and was returnable September 15, 1964, but was continued by agreement of the parties until November 10, 1964, at which time it was submitted on arguments and briefs for decision of this Court.
The petitioner was indicated on October 6, 1947, by he grand jury of Ohio County, West Virginia, for three separate offenses of breaking and entering. On October 14, 1947, the defendant pleaded guilty to each of the three indictments and sentence was deferred until October 20, 1947, at which time sentencing was again deferred until October 24, 1947. On October 23, 1947, the prosecuting attorney of Ohio County filed an information setting out four previous convictions and the petitioner admitted that he was the same person involved in the former convictions. Thereupon, the court sentenced him to confinement in the West Virginia State Penitentiary for the rest of his natural life.
The copy of the information filed with the petition indicates that it was filed in the Intermediate Court of Ohio County on the 28th day of October, 1947, and it is the contention of the petitioner that his life sentence based on the information is...
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State v. Thomas, No. 13358
...W.Va. 174, 139 S.E.2d 259 (1964); State ex rel. Browning v. Boles, 149 W.Va. 181, 139 S.E.2d 263 (1964); State ex rel. Arbraugh v. Boles, 149 W.Va. 193, 139 S.E.2d 370 (1964). Since Gideon, this Court has never wavered in according this basic right to an indigent accused or in voiding a tri......
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State ex rel. Smith v. Boles, No. 12485
...v. Boles, 149 W.Va. 379, 141 S.E.2d 80; State ex rel. Whytsell v. Boles, 149 W.Va. 324, 141 S.E.2d 70; State ex rel. Arbraugh v. Boles, 149 W.Va. 193, 139 S.E.2d 370; State ex rel. Browning v. Boles, 148 W.Va. 181, 139 S.E.2d 263; State ex rel. Stumbo v. Boles, 149 W.Va. 174, 139 S.E.2d 259......
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Cuppett v. Duckworth, No. 89-1896
...W.Va. 281, 140 S.E.2d 591 (1965); State ex rel. Calloway v. Boles, 149 W.Va. 264, 140 S.E.2d 463 (1965); State ex rel. Arbraugh v. Boles, 149 W.Va. 193, 139 S.E.2d 370 (1964); State ex rel. Browning v. Boles, 149 W.Va. 181, 139 S.E.2d 263 (1964); State ex rel. Stumbo v. Boles, 149 W.Va. 174......
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State ex rel. Strickland v. Melton, No. 12773
...v. Boles, 149 W.Va. 292, 140 S.E.2d 608; State ex rel. Pettery v. Boles, 149 W.Va. 379, 141 S.E.2d 80; State ex rel. Arbraugh v. Boles, 149 W.Va. 193, 139 S.E.2d 370; State ex rel. Browning v. Boles, 149 W.Va. 181, 139 S.E.2d 263; State ex rel. Stumbo v. Boles, 149 W.Va. 174, 139 S.E.2d 259......
-
State v. Thomas, No. 13358
...W.Va. 174, 139 S.E.2d 259 (1964); State ex rel. Browning v. Boles, 149 W.Va. 181, 139 S.E.2d 263 (1964); State ex rel. Arbraugh v. Boles, 149 W.Va. 193, 139 S.E.2d 370 (1964). Since Gideon, this Court has never wavered in according this basic right to an indigent accused or in voiding a tri......
-
State ex rel. Smith v. Boles, No. 12485
...v. Boles, 149 W.Va. 379, 141 S.E.2d 80; State ex rel. Whytsell v. Boles, 149 W.Va. 324, 141 S.E.2d 70; State ex rel. Arbraugh v. Boles, 149 W.Va. 193, 139 S.E.2d 370; State ex rel. Browning v. Boles, 148 W.Va. 181, 139 S.E.2d 263; State ex rel. Stumbo v. Boles, 149 W.Va. 174, 139 S.E.2d 259......
-
Cuppett v. Duckworth, No. 89-1896
...W.Va. 281, 140 S.E.2d 591 (1965); State ex rel. Calloway v. Boles, 149 W.Va. 264, 140 S.E.2d 463 (1965); State ex rel. Arbraugh v. Boles, 149 W.Va. 193, 139 S.E.2d 370 (1964); State ex rel. Browning v. Boles, 149 W.Va. 181, 139 S.E.2d 263 (1964); State ex rel. Stumbo v. Boles, 149 W.Va. 174......
-
State ex rel. Strickland v. Melton, No. 12773
...v. Boles, 149 W.Va. 292, 140 S.E.2d 608; State ex rel. Pettery v. Boles, 149 W.Va. 379, 141 S.E.2d 80; State ex rel. Arbraugh v. Boles, 149 W.Va. 193, 139 S.E.2d 370; State ex rel. Browning v. Boles, 149 W.Va. 181, 139 S.E.2d 263; State ex rel. Stumbo v. Boles, 149 W.Va. 174, 139 S.E.2d 259......