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CARTER V. ILLINOIS, 329 U. S. 173 (1946)

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U.S. Supreme Court

Carter v. Illinois, 329 U.S. 173 (1946)

Carter v. Illinois

No. 36

Argued November 15, 1946

Decided December 9, 1946

329 U.S. 173


1. In reviewing on writ of error a conviction for murder in which it was claimed that the right to counsel had been denied contrary to the Fourteenth Amendment, a state supreme court, in accordance with local practice, whereby it could consider only the common law record, concluded that, after being fully advised of his rights, the accused had consciously chosen to dispense with counsel and to plead guilty. Factors such as racial handicap of the accused, his mental incapacity, his inability to make an intelligent choice, or precipitancy in the acceptance of a plea of guilty -- which might show fundamental unfairness in the proceedings before the trial judge -- were not before the state supreme court in this proceeding.

Held: on this record, to which review in this Court is confined, there is no showing of a denial of due process under the Fourteenth Amendment. Rice v. Olson, 324 U. S. 786, distinguished. Pp. 329 U. S. 177-180.

2. Designation of counsel to assist defendant at time of sentencing does not imply that he was not capable of intelligent self-protection when he pleaded guilty. Pp. 329 U. S. 178-179.

391 Ill. 594, 63 N.E.2d 763, affirmed.

The Supreme Court of Illinois sustained a conviction for murder. 391 Ill. 594, 63 N.E.2d 763. This Court granted certiorari. 328 U.S. 827. Affirmed, p. 329 U. S. 180. chanroblesvirtualawlibrary

Page 329 U. S. 174

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