Westbrook v. Arizona, No. 1250

CourtUnited States Supreme Court
Writing for the CourtPER CURIAM
Citation86 S.Ct. 1320,16 L.Ed.2d 429,384 U.S. 150
Docket NumberM,No. 1250
Decision Date02 May 1966
PartiesThomas A. WESTBROOK v. ARIZONA. isc

384 U.S. 150
86 S.Ct. 1320
16 L.Ed.2d 429
Thomas A. WESTBROOK

v.

ARIZONA.

No. 1250, Misc.
Decided May 2, 1966.

W. Edward Morgan, for petitioner.

Darrell F. Smith, Atty. Gen. of Arizona, and Paul G. Rosenblatt, Asst. Atty. Gen., for respondent.

PER CURIAM.

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. 'The constitutional right of an accused to be represented by counsel invokes, of itself, the protection of a trial court, in which the accused—whose life or liberty is at stake—is without counsel. This protecting duty imposes the serious and weighty responsibility upon the trial judge of determining whether there is an intelligent and competent waiver by the accused.' 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.

Page 151

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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173 practice notes
  • Hill v. Curtin, No. 12–2528.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • July 9, 2015
    ...that courts determine whether the defendant's waiver of counsel is intelligent and voluntary. Id. (“Thus, Westbrook [v. Arizona, 384 U.S. 150, 86 S.Ct. 1320, 16 L.Ed.2d 429 (1966) ] stands only for the unremarkable proposition that when a defendant seeks to waive his right to counsel, a det......
  • People v. Burnett
    • United States
    • California Court of Appeals
    • January 27, 1987
    ...68 S.Ct. at p. 323; accord, Johnson v. Zerbst (1938) 304 U.S. 458, 464, 58 S.Ct. 1019, 1023, 82 L.Ed. 1461; Westbrook v. Arizona (1966) 384 U.S. 150, 151, 86 S.Ct. 1320, 16 L.Ed.2d 429; see also, Pate v. Robinson (1966) 383 U.S. 375, 385-386, 86 S.Ct. 836, 842, 15 L.Ed.2d 815.) With this pr......
  • Goode v. Wainwright, No. 82-5244
    • United States
    • U.S. Court of Appeals — Eleventh Circuit
    • May 2, 1983
    ...court was not required to conduct a separate and distinct hearing on Goode's competence to waive trial counsel. In Westbrook v. Arizona, 384 U.S. 150, 86 S.Ct. 1320, 16 L.Ed.2d 429 (1966), the Supreme Court observed Although petitioner received a hearing on the issue of his competence to st......
  • United States v. Dougherty, No. 24318-24324.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • June 30, 1972
    ...not held that an accused may be competent to stand trial and yet be incompetent to waive his right to counsel. Westbrook v. Arizona, 384 U.S. 150, 86 S.Ct. 1320, 16 L.Ed.2d 429 (1966). The Ninth Circuit apparently does not even recognize that limitation of the pro se right, see United State......
  • Request a trial to view additional results
171 cases
  • Hill v. Curtin, No. 12–2528.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • July 9, 2015
    ...that courts determine whether the defendant's waiver of counsel is intelligent and voluntary. Id. (“Thus, Westbrook [v. Arizona, 384 U.S. 150, 86 S.Ct. 1320, 16 L.Ed.2d 429 (1966) ] stands only for the unremarkable proposition that when a defendant seeks to waive his right to counsel, a det......
  • People v. Burnett
    • United States
    • California Court of Appeals
    • January 27, 1987
    ...68 S.Ct. at p. 323; accord, Johnson v. Zerbst (1938) 304 U.S. 458, 464, 58 S.Ct. 1019, 1023, 82 L.Ed. 1461; Westbrook v. Arizona (1966) 384 U.S. 150, 151, 86 S.Ct. 1320, 16 L.Ed.2d 429; see also, Pate v. Robinson (1966) 383 U.S. 375, 385-386, 86 S.Ct. 836, 842, 15 L.Ed.2d 815.) With this pr......
  • Goode v. Wainwright, No. 82-5244
    • United States
    • U.S. Court of Appeals — Eleventh Circuit
    • May 2, 1983
    ...court was not required to conduct a separate and distinct hearing on Goode's competence to waive trial counsel. In Westbrook v. Arizona, 384 U.S. 150, 86 S.Ct. 1320, 16 L.Ed.2d 429 (1966), the Supreme Court observed Although petitioner received a hearing on the issue of his competence to st......
  • United States v. Dougherty, No. 24318-24324.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • June 30, 1972
    ...not held that an accused may be competent to stand trial and yet be incompetent to waive his right to counsel. Westbrook v. Arizona, 384 U.S. 150, 86 S.Ct. 1320, 16 L.Ed.2d 429 (1966). The Ninth Circuit apparently does not even recognize that limitation of the pro se right, see United State......
  • Request a trial to view additional results

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