Johnson v. Zerbst
Encyclopedia
Johnson v. Zerbst, 304 U.S. 458
(1938), was a United States Supreme Court case, in which the petitioner, Johnson, had been convicted in federal court of feloniously possessing, uttering, and passing counterfeit money
in a trial where he had not been represented by an attorney but instead by himself. Johnson filed for habeas corpus
relief, claiming that his Sixth Amendment
right to counsel
had been violated, but he was denied by both a federal district court and the court of appeals
.
, the Court held that,
This set the precedent that defendants have the right to be represented by an attorney unless they waive their right to counsel knowing full well the potential consequences. This precedent, however, only made this right applicable to federal defendants and did not extend to defendants in trials under state jurisdiction. Assistance of counsel was held to be requisite to due process of law in state felony proceedings with the Gideon v. Wainwright
decision in 1963.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1938), was a United States Supreme Court case, in which the petitioner, Johnson, had been convicted in federal court of feloniously possessing, uttering, and passing counterfeit money
Counterfeit money
Counterfeit money is currency that is produced without the legal sanction of the state or government to resemble some official form of currency closely enough that it may be confused for genuine currency. Producing or using counterfeit money is a form of fraud or forgery. Counterfeiting is probably...
in a trial where he had not been represented by an attorney but instead by himself. Johnson filed for habeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
relief, claiming that his Sixth Amendment
Sixth Amendment to the United States Constitution
The Sixth Amendment to the United States Constitution is the part of the United States Bill of Rights which sets forth rights related to criminal prosecutions...
right to counsel
Right to counsel
Right to counsel is currently generally regarded as a constituent of the right to a fair trial, allowing for the defendant to be assisted by counsel , and if he cannot afford his own lawyer, requiring that the government should appoint one for him/her, or pay his/her legal expenses...
had been violated, but he was denied by both a federal district court and the court of appeals
United States courts of appeals
The United States courts of appeals are the intermediate appellate courts of the United States federal court system...
.
Supreme Court involvement
The United States Supreme Court agreed to hear the case and overturned the decisions of the lower courts. In a six to two decision, the Court held that the federal court had infringed upon Johnson’s life and liberty by not giving him counsel to defend him during trial. In the majority opinion written by Justice Hugo BlackHugo Black
Hugo Lafayette Black was an American politician and jurist. A member of the Democratic Party, Black represented Alabama in the United States Senate from 1927 to 1937, and served as an Associate Justice of the Supreme Court of the United States from 1937 to 1971. Black was nominated to the Supreme...
, the Court held that,
This set the precedent that defendants have the right to be represented by an attorney unless they waive their right to counsel knowing full well the potential consequences. This precedent, however, only made this right applicable to federal defendants and did not extend to defendants in trials under state jurisdiction. Assistance of counsel was held to be requisite to due process of law in state felony proceedings with the Gideon v. Wainwright
Gideon v. Wainwright
Gideon v. Wainwright, , is a landmark case in United States Supreme Court history. In the case, the Supreme Court unanimously ruled that state courts are required under the Sixth Amendment of the Constitution to provide counsel in criminal cases for defendants who are unable to afford their own...
decision in 1963.