White v. State of Maryland, No. 600

CourtUnited States Supreme Court
Writing for the CourtPER CURIAM
Citation10 L.Ed.2d 193,83 S.Ct. 1050,373 U.S. 59
PartiesRobert Galloway WHITE, Petitioner, v. STATE OF MARYLAND
Docket NumberNo. 600
Decision Date29 April 1963

373 U.S. 59
83 S.Ct. 1050
10 L.Ed.2d 193
Robert Galloway WHITE, Petitioner,

v.

STATE OF MARYLAND.

No. 600.
Argued April 16, 1963.
Decided April 29, 1963.

Fred E. Weisgal, Baltimore, Md., for petitioner.

Robert F. Sweeney, Baltimore, Md., for respondent.

PER CURIAM.

Petitioner, who was sentenced to death while his codefendant was given life, appealed to the Maryland Court of Appeals which affirmed his conviction. 227 Md. 615, 177 A.2d 877. We granted certiorari 'limited to the point of law raised in Hamilton v. Alabama, 368 U.S. 52, 82 S.Ct. 157, 7 L.Ed.2d 114.' See 371 U.S. 909, 83 S.Ct. 259, 9 L.Ed.2d 169.

Petitioner was arrested on May 27, 1960, and brought before a magistrate on May 31, 1960, for a preliminary hearing. But that hearing was postponed and not actually held until August 9, 1960. At that time petitioner was not yet represented by a lawyer. When arraigned at that preliminary hearing he pleaded guilty. That Mary-

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land calls the 'arraignment' was first held September 8, 1960; but since petitioner was not represented by counsel, his arraignment was postponed and counsel appointed for him on September 9, 1960. He was finally arraigned on November 25, 1960, and entered pleas of 'not guilty' and 'not guilty by reason of insanity.' At his trial the plea of guilty made at the preliminary hearing on August 9, 1960, was introduced in evidence.* Since he did not have counsel at the time of the preliminary hearing, he argued that Hamilton v. Alabama, supra, applied. The Court of Appeals disagreed, saying that arraignment in Alabama is 'a critical stage in a criminal proceeding' where rights are preserved or lost (368 U.S. 53—54, 82 S.Ct. 158), while under Maryland law there was 'no requirement (nor any practical possibility under our present criminal procedure) to appoint counsel' for petitioner at the preliminary hearing * * * nor was it necessary for appellant to enter a plea at that time.' 227 Md., at 625, 177 A.2d, at 882.

Whatever may be the normal function of the 'preliminary hearing' under Maryland law, it was in this case as 'critical' a state as arraignment under Alabama law. For petitioner entered a plea before the magistrate and that plea was taken at a time when he had no counsel.

We repeat what we said in Hamilton v. Alabama, supra, at 55, 82 S.Ct. at 159 that we do not stop to determine whether prejudice resulted: 'Only the presence of counsel could have enabled this accused to know all the defenses...

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815 practice notes
  • Davis v. Burke, No. 16728.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • April 2, 1969
    ...principle has been broadly reaffirmed by this Court. Hamilton v. Alabama, 368 U.S. 52, 82 S.Ct. 157, 7 L.Ed.2d 114; White v. Maryland, 373 U.S. 59, 83 S.Ct. 1050, 10 L.Ed.2d 193. See Gideon v. Wainwright, 372 U.S. 335, 83 S.Ct. 792, 9 L.Ed.2d Here we deal not with a state court conviction, ......
  • Ayala v. Wong, No. 09–99005.
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • August 29, 2012
    ...proceedings. United States v. Wade, 388 U.S. 218, 224–25, 87 S.Ct. 1926, 18 L.Ed.2d 1149 (1967); see also, e.g., White v. Maryland, 373 U.S. 59, 60, 83 S.Ct. 1050, 10 L.Ed.2d 193 (1963); Gideon v. Wainwright, 372 U.S. 335, 345, 83 S.Ct. 792, 9 L.Ed.2d 799 (1963). Ultimately, the right to co......
  • Acosta v. Raemisch, No. 17-1131
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • December 15, 2017
    ...automatically reversing where a conflict of interest in representation existed throughout the entire proceeding); White v. Maryland , 373 U.S. 59, 60, 83 S.Ct. 1050, 10 L.Ed.2d 193 (1963) (per curiam) (automatically reversing where the absence of counsel from the arraignment proceeding affe......
  • Schmidt v. Foster, No. 17-1727
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • May 29, 2018
    ...368 U.S. at 54, 82 S.Ct. 157 (arraignment where defenses can be "irretrievably lost, if not then and there asserted"); White v. Maryland , 373 U.S. 59, 60, 83 S.Ct. 1050, 10 L.Ed.2d 193 (1963) (entry of plea); Moore v. Michigan , 355 U.S. 155, 156, 159, 78 S.Ct. 191, 2 L.Ed.2d 167 (1957) (e......
  • Request a trial to view additional results
815 cases
  • Davis v. Burke, No. 16728.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • April 2, 1969
    ...principle has been broadly reaffirmed by this Court. Hamilton v. Alabama, 368 U.S. 52, 82 S.Ct. 157, 7 L.Ed.2d 114; White v. Maryland, 373 U.S. 59, 83 S.Ct. 1050, 10 L.Ed.2d 193. See Gideon v. Wainwright, 372 U.S. 335, 83 S.Ct. 792, 9 L.Ed.2d Here we deal not with a state court conviction, ......
  • Ayala v. Wong, No. 09–99005.
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • August 29, 2012
    ...proceedings. United States v. Wade, 388 U.S. 218, 224–25, 87 S.Ct. 1926, 18 L.Ed.2d 1149 (1967); see also, e.g., White v. Maryland, 373 U.S. 59, 60, 83 S.Ct. 1050, 10 L.Ed.2d 193 (1963); Gideon v. Wainwright, 372 U.S. 335, 345, 83 S.Ct. 792, 9 L.Ed.2d 799 (1963). Ultimately, the right to co......
  • Acosta v. Raemisch, No. 17-1131
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • December 15, 2017
    ...automatically reversing where a conflict of interest in representation existed throughout the entire proceeding); White v. Maryland , 373 U.S. 59, 60, 83 S.Ct. 1050, 10 L.Ed.2d 193 (1963) (per curiam) (automatically reversing where the absence of counsel from the arraignment proceeding affe......
  • Schmidt v. Foster, No. 17-1727
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • May 29, 2018
    ...368 U.S. at 54, 82 S.Ct. 157 (arraignment where defenses can be "irretrievably lost, if not then and there asserted"); White v. Maryland , 373 U.S. 59, 60, 83 S.Ct. 1050, 10 L.Ed.2d 193 (1963) (entry of plea); Moore v. Michigan , 355 U.S. 155, 156, 159, 78 S.Ct. 191, 2 L.Ed.2d 167 (1957) (e......
  • Request a trial to view additional results

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