US LAWS, STATUTES and CODES : Chan Robles Virtual Law Library USA Supreme Court Decisions | Resolutions : Chan Robles Virtual Law Library

ChanRobles™ Virtual Law Library™ |™   
Main Index Repository of Laws, Statutes and Codes Latest Philippine Supreme Court Decisions Chan Robles Virtual Law Library Latest Legal Updates Philippine Legal Resources Significant Philippine Legal Resources Worldwide Legal Resources Philippine Supreme Court Decisions United States Legal Resources United States Supreme Court Jurisprudence ChanRobles LawTube - Social Network

ChanRobles Internet Bar Review : DebtKollect Company, Inc. - Debt Collection Firm Intellectual Property Division - Chan Robles Law Firm

Philippine Supreme Court DecisionsChanRobles On-Line Bar Review

google search for chanrobles.comSearch for

REYNOLDS V. COCHRAN, 365 U. S. 525 (1961)

Subscribe to Cases that cite 365 U. S. 525 RSS feed for this section

U.S. Supreme Court

Reynolds v. Cochran, 365 U.S. 525 (1961)

Reynolds v. Cochran

No. 115

Argued March 2, 1961

Decided March 20, 1961

365 U.S. 525


In his petition for habeas corpus, filed in a State Supreme Court, petitioner alleged that, after he had finished serving his terms for two separate felonies of which he had been convicted and after he had been released, he was arrested by state authorities, taken to another county, and there brought to trial two days after his arrest on a charge of being a "second offender" in violation of a state statute. He further alleged that he told the trial court that he had already retained counsel for his own defense, that his counsel was on the way and was due to arrive on the day of the trial, and that he asked that his trial be postponed until his counsel arrived, but that the court denied a continuance and proceeded to convict him on the record of his two previous convictions and his admission that he had been guilty of those offenses, and he was sentenced to imprisonment. The State Supreme Court dismissed his petition without a hearing.

Held: the judgment is reversed, and the cause is remanded for further proceedings. Pp. 365 U. S. 526-533.

(a) Petitioner was entitled to an opportunity to prove his claim that he had been deprived of due process by the refusal of the trial judge to grant his motion for a continuance in order that he might have the assistance of the counsel he had retained in the proceedings against him. Chandler v. Fretag, 348 U. S. 3. Pp. 365 U. S. 527-531.

(b) If the trial court erred in denying petitioner's motion for a continuance, that error was not harmless under the facts of this case. Pp. 365 U. S. 531-533.

Reversed and remanded. chanroblesvirtualawlibrary

Page 365 U. S. 526

ChanRobles™ LawTube

google search for Search for

Supreme Court Decisions Philippine Supreme Court DecisionsUS Supreme Court Decisions



Browse By ->> Volume


Browse By ->> Year


  Copyright © ChanRobles Publishing Company | Disclaimer | E-mail Restrictions
ChanRobles™ Virtual Law Library |™