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Authors

    Publication Date

    1969

    Abstract

    The Court of Appeals for the Fifth Circuit in the case of James v. Headley' was confronted with the question of whether an accused is entitled to court-appointed counsel when charged only with a "petty offense," that is, an offense carrying a maximum penalty of six months in jail and/or a $500 fine. Basing its decision on the sixth amendment,the court concluded that the two appellants were entitled to have court appointed counsel. The court, in an opinion by Judge Wisdom, held that as a general proposition, there is a sixth amendment right to counsel for any defendant in a criminal prosecution when subjected to a possible loss of liberty, even if only for a short period of time.

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