United States Supreme Court Cases & Opinions

U.S. Supreme Court

Avery v. Alabama, 308 U.S. 444 (1940)

Avery v. Alabama

No. 124

Argued December 7, 1939

Decided January 2, 1940

308 U.S. 444

Syllabus

1. The guarantee by the Fourteenth Amendment of assistance of counsel in a criminal case is not satisfied by a formal appointment of counsel to defend the accused, but includes an opportunity for consultation between them and for preparation of the defense. P. 308 U. S. 446.

2. Upon review of a decision of a state court, the question whether an accused has been denied the federal constitutional right to the assistance of counsel is to be determined by this Court upon an independent examination of the record. P. 308 U. S. 447.

3. Upon the record in this case, held that denial by the trial court of a motion for a continuance, made by appointed counsel to obtain

Page 308 U. S. 445

more time to prepare the defense did not, under the circumstances disclosed, deprive the accused of his constitutional right to the assistance of counsel. P. 308 U. S. 450.

237 Ala. 616, 188 So. 391, affirmed.

Certiorari, post, p. 540, to review the affirmance of a conviction of murder.