Johnson v. Zerbst

Background

A man imprisoned for possessing and passing counterfeit money was arrested with a co-defendant in Charleston in November 1934. Both were enlisted Marines, had little education, no money, and were kept in jail. They were indicted in January 1935 and, on the same day they were arraigned, tried, convicted, and sentenced without a lawyer. They had counsel only at an earlier preliminary hearing. After conviction they were unable to get timely help to file an appeal.

Reasoning

The Court examined whether a conviction without a lawyer can be attacked later by a petition for habeas corpus. It emphasized that the Sixth Amendment guarantees the right to counsel and that courts should not presume a defendant waived that right. The Justices held that a valid, intelligent waiver of counsel must be shown; otherwise the trial court lacked jurisdiction and the conviction is void. The burden is on the imprisoned person, in a habeas hearing, to prove by the preponderance of the evidence that he did not competently and intelligently waive the right to counsel.

Real world impact

The Court reversed and sent the case back so the trial court can decide whether the convicted man proved he did not waive his right to a lawyer. If the court finds no competent waiver, the conviction must be set aside and habeas relief granted; if the petitioner fails, the conviction stands. The opinion stresses that habeas may look beyond the trial record when fundamental rights are at stake.

Dissents or concurrances

One Justice agreed with the reversal. Two Justices would have affirmed, saying the record shows a waiver, and another Justice did not participate.