Avery v. Alabama

Background

A man accused of murder in Bibb County, Alabama was arrested and arraigned on March 21. Two local attorneys were appointed that day and the judge set a trial for the following week. The lawyers moved for a continuance saying they had not had enough time to investigate or prepare; affidavits supporting the request were filed. The motion was not granted on the record and the trial went forward on March 24. The defendant was convicted and sentenced to death. A third lawyer was later hired and the case was appealed through the state courts and then to this Court.

Reasoning

The Court focused on whether denying the continuance, after counsel had been appointed, deprived the defendant of the Constitution’s guarantee of assistance of counsel under the Fourteenth Amendment. The opinion notes that counsel had consulted the defendant, made local inquiries during the court term, and did not identify specific witnesses or experts who could have been obtained with more time. The state supreme court found the trial lawyers had performed their duty intelligently and effectively. Given those facts, the Court concluded the appointment was not a sham and that denying a short continuance did not automatically violate the right to counsel.

Real world impact

The decision affirms that simply refusing a brief delay does not by itself invalidate a trial when competent counsel was appointed and actually represented the defendant through trial and appeals. It underscores judges’ discretion over scheduling, especially in rural counties with fixed court terms, while reminding courts to scrutinize claims that representation was only formal and not real.