Hugo Black

“ But all defendants who have been convicted of crime without the benefit of counsel cannot possibly bring their cases to us. And one need only look at the records of the right-to-counsel cases since Betts v. Brady in both state and federal courts to understand the capriciousness with which the 'shocking to the universal sense of justice' standard bestows its protection upon persons accused of crime. [2] I think that now is the time to abandon this vague, fickle standard for determining the right to counsel of a person prosecuted for crime in a state court. ”

“ Alabama, 287 U.S. 45, 68 69, 53 S.Ct. 55, 77 L.Ed. 158, where it was stated with reference to prosecution for crime in the state courts that the '* * * right to be heard would be, in many cases, of little avail if it did not comprehend the right to be heard by counsel.' I am aware that this statement was made in a capital case, but the Fourteenth Amendment protects life, liberty, and property and I would hold that defendants prosecuted for crime are entitled to counsel whether it is their life, their liberty, or their property which is at stake in a criminal prosecution. ”

“ Uveges v. Pennsylvania, 335 U.S. 437, 69 S.Ct. 184, 93 L.Ed. 127; Townsend v. Burke, 334 U.S. 736, 68 S.Ct. 1252, 92 L.Ed. 1690; Wade v. Mayo, 334 U.S. 672, 68 S.Ct. 1270, 92 L.Ed. 1647; Marino v. Ragen, 332 U.S. 561, 68 S.Ct. 240, 92 L.Ed. 170; De Meerleer v. People of State of Michigan, 329 U.S. 663, 67 S.Ct. ”