Kitchens v. Smith — Opinion of the Court
“ On appeal, the Georgia Supreme Court affirmed the denial of habeas corpus on different grounds, saying that petitioner did not testify at the habeas corpus hearing that he 'wanted a lawyer, asked for one, or made any effort to get one' or that 'because of his poverty, or for any other reason, he was unable to hire a lawyer.' 226 Ga. 667, 177 S.E.2d 87-88 (1970) .As this Court has said, however, ' (I) t is settled that where the assistance of counsel is a constitutional requisite, the right to be furnished counsel does not depend on a request.' Carnley v. ”
