Hugo Black

Name: Canizio v. New York — Opinion of the Court
Author: Hugo Black

Canizio v. New York — Opinion of the Court

Summary

“Canizio v. New York — Opinion of the Court”, is a work by Hugo Black. It explores elements such as plea, petitioner and counsel.

Quotes from Canizio v. New York — Opinion of the Court (Hugo Black)

Hugo Black, Canizio v. New York — Opinion of the Court

“ Nor can we say with certainty that the presence of counsel at the final stage of the proceeding was sufficient to counteract the prejudice inherent in the prior denial of counsel. Unless all the effects of such a constitutional infirmity are completely and unquestionably eliminated, a conviction cannot stand. An elimination of that nature ordinarily, and particularly in this case, means a new proceeding in which the right to counsel is fully protected at all times. ”

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Source: Wikisource

Hugo Black, Canizio v. New York — Opinion of the Court

“ Imagination need not be stretched to believe that even the most competent attorney, confronted with such a situation, might have chosen to advise against moving to withdraw the plea rather than undertaking the heavy burden of meeting it by proof at the trial. ”

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Source: Wikisource

Hugo Black, Canizio v. New York — Opinion of the Court

“ If a guilty plea without counsel should be held admissible in New York, the proper case in which to raise the issue of the propriety of its admission is on appeal to this Court on conviction after trial. ”

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Source: Wikisource

Hugo Black, Canizio v. New York — Opinion of the Court

“ To overcome this apparent defect of the record the affidavit urged the presumption of regularity of judicial proceedings to support the conclusion, in the absence of a clear showing to the contrary, that the judge must have performed his duty under New York's laws to advise petitioner of his right to counsel. The District Attorney contended that petitioner's motion though verified was not sufficient to overcome this presumption, especially since petitioner's conviction occurred 14 years ago. ”

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Source: Wikisource

Hugo Black, Canizio v. New York — Opinion of the Court

“ The failure at any particular point to have representation or to be aware of one's right to counsel may have an indelible and imponderable effect upon the entire proceeding, an effect which may not be erasable on the day of imposing the sentence. ”

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Source: Wikisource

Hugo Black, Canizio v. New York — Opinion of the Court

“ Moreover, even had petitioner's counsel been successful in making such a motion, the effect of the illegal plea might not have been dissipated. Under New York law, a plea of guilty which is withdrawn may subsequently be admitted in evidence at the trial. People v. Steinmetz, 240 N.Y. 411, 148 N.E. 597. And even though such a practice might be of doubtful constitutionality under these circumstances, the possibility of its occurrence may have effectively and understandably deterred counsel from seeking to set aside the plea and subjecting petitioner to the risk of a greater sentence. ”

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Source: Wikisource

Hugo Black, Canizio v. New York — Opinion of the Court

“ The attorney could have moved to withdraw the plea of guilty and the County Court of Kings County would have had the power to set aside the plea and let the petitioner stand trial. New York Code of Criminal Procedure, § 337; People v. Gowasky, 244 N.Y. 451, 155 N.E. 737, 58 A.L.R. 9. Petitioner's counsel probably thought it undesirable to do so, because this move might have jeopardized his chances for securing a low sentence. The plea was to robbery in the first degree, unarmed. The record clearly shows that petitioner was heavily armed. ”

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Source: Wikisource

Hugo Black, Canizio v. New York — Opinion of the Court

“ It would have gone far to destroy the presumption of innocence to which he was entitled until otherwise and lawfully proved guilty. Finally his lawyer presumably would have been cognizant of these facts. ”

Hugo Black

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Quotes from Canizio v. New York — Opinion of the Court (Hugo Black)

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