# Argersinger v. Hamlin

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Argersinger v. Hamlin, 407 U.S. 25 (1972), is a United States Supreme Court decision holding that the accused cannot be subjected to actual imprisonment unless provided with counsel. Gideon v. Wainwright made the right to counsel provided in the Sixth Amendment applicable to the states through the Fourteenth Amendment.

## Concurring Opinions

    Brennan
    Burger
    Powell
Supreme Court of the United States
407 U.S. 25
Argersinger v. Hamlin, Sheriff
Certiorari to the Supreme Court of Florida
No. 70-5015. Argued: December 6, 1971, and February 28, 1972 --- Decided: June 12, 1972
The right of an indigent defendant in a criminal trial to the assistance of counsel, which is guaranteed by the Sixth Amendment as made applicable to the States by the Fourteenth, Gideon v. Wainwright, 372 U.S. 335, is not governed by the classification of the offense or by whether or not a jury trial is required. No accused may be deprived of his liberty as the result of any criminal prosecution, whether felony or misdemeanor, in which he was denied the assistance of counsel. In this case, the Supreme Court of Florida erred in holding that petitioner, an indigent who was tried for an offense punishable by imprisonment up to six months, a $1,000 fine, or both, and given a 90-day sentence, had no right to court-appointed counsel, on the ground that the right extends only to trials "for non-petty offenses punishable by more than six months imprisonment." Pp. 27-40.
236 So. 2d 442, reversed.
DOUGLAS, J., delivered the opinion of the Court, in which BRENNAN, STEWART, WHITE, MARSHALL, and BLACKMUN, JJ., joined. BRENNAN, J., filed a concurring opinion, in which DOUGLAS and STEWART, JJ., joined, post, p. 40. BURGER, C.J., filed an opinion concurring in the result, post, p. 41. POWELL, J., filed an opinion concurring in the result, in which REHNQUIST, J., joined, post, p. 44.
Bruce S. Rogow argued the cause for petitioner on the reargument and J. Michael Shea argued the cause pro hac vice on the original argument. With them on the brief was P.A. Hubbart.
George R. Georgieff, Assistant Attorney General of Florida, reargued the cause for respondent. With him on the brief were Robert L. Shevin, Attorney General, and Raymond L. Marky, Assistant Attorney General, joined by the Attorneys General for their respective States as follows: Gary K. Nelson of Arizona, Arthur K. Bolton of Georgia, W. Anthony Park of Idaho, Jack P.F. Gremillion of Louisiana, James S. Erwin of Maine, Robert L. Woodahl of Montana, Robert List of Nevada, Robert Morgan of North Carolina, Helgi Johanneson of North Dakota, and Daniel R. McLead of South Carolina.
Solicitor General Griswold argued the cause for the United States as amicus curiae on the reargument urging reversal. With him on the brief were Assistant Attorney General Petersen, Deputy Solicitor General Greenawalt, Harry R. Sachse, Beatrice Rosenberg, and Sidney M. Glazer.
Briefs of amici curiae urging reversal were filed by William E. Hellerstein for the Legal Aid Society of New York, and by Marshall J. Hartman for the National Legal Aid and Defender Association.
Lauren Beasley, Chief Assistant Attorney General of Utah, filed a brief for the Attorney General of Utah as amicus curiae urging affirmance.
Briefs of amici curiae were filed by John E. Havelock, Attorney General, for the State of Alaska, and by Andrew P. Miller, Attorney General, and Vann H. Lefcoe, Assistant Attorney General, for the Commonwealth of Virginia.