Hugo Black

Name: Rice v. Olson — Opinion of the Court
Author: Hugo Black

Summary

“Rice v. Olson — Opinion of the Court”, is a work by Hugo Black. It explores elements such as petition, Nebraska and counsel.

Quotes from Rice v. Olson — Opinion of the Court (Hugo Black)

Hugo Black, Rice v. Olson — Opinion of the Court

“ It has been suggested that even if the court below erred in holding that a ple of guilty is a conclusive waiver of the right to counsel, its judgment might be sustained on the ground that habeas corpus was not the proper remedy, or because the allegations of the petition lack sufficient definiteness. The very fact that the court considered the petition on its merits gives rise to a strong, if not conclusive, inference that the petition satisfied the state's procedural requirements in all respects. ”

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Source: Wikisource

Hugo Black, Rice v. Olson — Opinion of the Court

“ Petitioner, an Indian, without benefit of counsel pleaded guilty to a charge of burglary in the District Court of Thurston County, Nebraska, and was sentenced to from one to seven years. He petitioned another state District Court for a writ of habeas corpus seeking release from the penitentiary on the grounds, among others, [1] that he had been deprived of his constitutional right of counsel, and that the state court lacked jurisdiction. He alleged that he was ignorant of the law, and that in preparing his petition he had no one to help him except a fellow inmate. ”

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Source: Wikisource

Hugo Black, Rice v. Olson — Opinion of the Court

“ This is the equivalent of a holding that one who voluntarily pleads guilty without the benefit of counsel has thereby competently waived his constitutional right to counsel, even though he may have sorely needed and been unable to obtain legal aid. A defendant who pleads guilty is entitled to the benefit of counsel, and a request for counsel is not necessary. It is enough that a defendant charged with an offense of this character is incapable adequately of making his defense, that he is unable to get counsel, and that he does not intelligently and understandingly waive counsel. ”

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Source: Wikisource

Hugo Black, Rice v. Olson — Opinion of the Court

“ The policy of leaving Indians free from state jurisdiction and control is deeply rooted in the Nation's history. See Worcester v. Georgia, 6 Pet. 515, 8 L.Ed. 483; 1 Stat. 469; 4 Stat. 729. In the light of this historical background Congress in 1885 passed a comprehensive Act, 23 Stat. 362, 385, in order to fulfill 'treaty stipulations with various Indian tribes', specifically including the Winnebagoes, of which tribe the petitioner alleges he is a member. The last section of that Act subjects Indians who commit certain crimes, including burglary, to trial and punishment. ”

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Source: Wikisource

Hugo Black, Rice v. Olson — Opinion of the Court

“ The language there used to accomplish this purpose is that 'all such Indians committing any of the above crimes against the person or property of another Indian or other person within the boundaries of any State of the United States, and within the limits of any Indian reservation, shall be subject to the same laws, tried in the same courts and in the same manner, and subject to the same penalties as are all other persons committing any of the above crimes within the exclusive jurisdiction of the United States.' 23 Stat. ”

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Source: Wikisource

Hugo Black, Rice v. Olson — Opinion of the Court

“ In argument before us, Nebraska does not rely on the state Supreme Court's construction of 18 U.S.C. § 548, 18 U.S.C.A. § 548. Instead it argues that petitioner's allegation that the crime was committed on an Indian Reservation is false, and that the state Supreme Court was required to take judicial knowledge of its falsity. It admits, however, that Thurston County, where the burglary was allegedly committed, is included within the original statutory boundaries of a federally created Indian Reservation, 14 Stat. ”

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Source: Wikisource

Hugo Black, Rice v. Olson — Opinion of the Court

“ McDowell v. Gould, 166 Ga. 670, 144 S.E. 206; Ex parte Tollison, 73 Okl.Cr. 38, 117 P.2d 549; People v. Superior Ct. of Cook County, 234 Ill. 186, 84 N.E. 875, 14 Ann.Cas. 753; Willis v. Bayles, 105 Ind. ”

Hugo Black

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