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.
PER CURIAM.
Petitioner, who was serving a sentence for a misdemeanor offense
when
Argersinger v. Hamlin, 407 U. S.
25 (1972), was decided, sought relief in the state
courts claiming that, because
Argersinger should be
accorded retroactive effect and because his trial and sentencing
were uncounseled, his conviction should be invalidated. The Supreme
Court of Ohio refused to apply
Argersinger to convictions
occurring prior to that decision.
City of Cincinnati v.
Berry, 34 Ohio St.2d 106, 296 N.E.2d 532 (1973). Petitioner
was enlarged on bail pending action on his claim, and faces
reincarceration should the judgment of the Ohio courts remain
undisturbed. The motion to proceed
in forma pauperis and
the petition for certiorari are granted, and the judgment of the
Ohio Supreme Court is reversed. Those convicted prior to the
decision in
Argersinger are entitled to the constitutional
rule enunciated in that case,
Kitchens v. Smith,
401 U. S. 847
(1971);
Williams v. United States, 401 U.
S. 646,
401 U. S. 653
and n. 6 (1971) (opinion of WHITE, J.);
Burgett
Page 414 U. S. 30
v. Texas, 389 U. S. 109,
389 U. S. 114
(1967);
cf. Adams v. Illinois, 405 U.
S. 278 (1972), if they allege and prove a bona fide,
existing case or controversy sufficient to invoke the jurisdiction
of a federal court.
Sibron v. New York, 392 U. S.
40,
392 U. S. 50-58
(1968);
Carafas v. LaVallee, 391 U.
S. 234,
391 U. S.
237-238 (1968);
Ginsberg v. New York,
390 U. S. 629,
390 U. S.
633-634, n. 2 (1968).
So ordered.