Hugo Black

“ Make up your mind whether you require a prima facie case or a complete trial of it.
'Mr. Ergazos: Prima facie, Your Honor, is all we are interested in.
'The Court: All right.' (Emphasis supplied.)
From the foregoing it seems clear that petitioner's counsel agreed to a prima facie trial. By agreeing to this truncated kind of trial-if trial it could be called- we can assume that the lawyer knowingly agreed that the State need make only a prima facie showing of guilt and that he would neither offer evidence on petitioner's behalf nor cross-examine any of the State's witnesses. ”

“ Our question therefore narrows down to whether counsel has power to enter a plea which is inconsistent with his client's expressed desire and thereby waive his client's constitutional right to plead not guilty and have a trial in which he can confront and cross-examine the witnesses against him. We hold that the constitutional rights of a defendant cannot be waived by his counsel under such circumstances. ”