Berry v. City of Cincinnati
414 U.S. 29 (1973)

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U.S. Supreme Court

Berry v. City of Cincinnati, 414 U.S. 29 (1973)

Berry v. City of Cincinnati

No. 73-5245

Decided November 5, 1973

414 U.S. 29

Syllabus

Persons convicted prior to the decision in Argersinger v. Hamlin,407 U. S. 25 (1972), are entitled to the constitutional rule enunciated in that case that, absent a knowing and intelligent waiver, an indigent accused may not be imprisoned for any offense, whether classified as petty, misdemeanor, or felony, if he was denied the assistance of counsel, if they allege and prove a bona fide existing case or controversy sufficient to invoke the jurisdiction of a federal court.

Certiorari granted; 34 Ohio St.2d 106, 296 N.E.2d 532, reversed.

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