Wood v. United States
389 U.S. 20 (1967)

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U.S. Supreme Court

Wood v. United States, 389 U.S. 20 (1967)

Wood v. United States

No. 27, Misc.

Decided October 16, 1967

389 U.S. 20

Syllabus

Petitioner before trial filed an affidavit requesting the District Court to assign counsel pursuant to the Criminal Justice Act, but the court, without adequate inquiry into petitioner's financial ability to retain counsel, disapproved the request. The Court of Appeals, after granting leave to appeal in forma pauperis, affirmed.

Held: The trial court should have explored the possibility that petitioner could afford only partial payment for the services of trial counsel and that counsel be appointed on that basis as permitted by the Act.

Certiorari granted; 373 F.2d 894, vacated and remanded.

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