Owen Josephus Roberts

“ Due process of law is secured against invasion by the federal Government by the Fifth Amendment, and is safeguarded against state action in identical words by the Fourteenth. The phrase formulates a concept less rigid and more fluid than those envisaged in other specific and particular provisions of the Bill of Rights. Its application is less a matter of rule. Asserted denial is to be tested by an appraisal of the totality of facts in a given case. ”

“ And, indeed, it was said by petitioner's counsel both below and in this court that, as the Fourteenth Amendment extends the protection of due process to property as well as to life and liberty, if we hold with the petitioner, logic would require the furnishing of counsel in civil cases involving property. ”

“ That which may, in one setting, constitute a denial of fundamental fairness, shocking to the universal sense of justice, may, in other circumstances and in the light of other considerations, fall short of such denial. ”

“ Carroll T. Bond, Chief Judge of the Court of Appeals of Maryland, setting up the same grounds for the prisoner's release as the former petition. The respondent answered, a hearing was afforded, at which an agreed statement of facts was offered by counsel for the parties, the evidence taken at the petitioner's trial was incorporated in the record, and the cause was argued. Judge Bond granted the writ, but, for reasons set forth in an opinion, denied the relief prayed and remanded the petitioner to the respondent's custody. ”

“ While serving his sentence, the petitioner filed with a judge of the Circuit Court for Washington County, Maryland, a petition for a writ of habeas corpus alleging that he had been deprived of the right to assistance of counsel guaranteed by the Fourteenth Amendment of the Federal Constitution. ”

“ The petitioner applied to this court for certiorari directed to Judge Bond. The writ was issued on account of the importance of the jurisdictional questions involved [p458] and conflicting decisions [1] upon the constitutional question presented. In awarding the writ, we requested counsel to discuss the jurisdiction of this court,
particularly (1) whether the decision below is that of a court within the meaning of § 237 [2] of the Judicial Code, and (2) whether state remedies, either by appeal or by application to other judges or any other state court, have been exhausted. 1. ”

“ In a later decision, we referred to this and other cognate cases as deciding that appeals do not lie to this court from orders by judges at chambers, [5] but the fundamental reason for denying our jurisdiction was that the appellant had not exhausted state remedies. ”

“ Alabama, 287 U.S. 45, ignorant and friendless negro youths, strangers in the community, without friends or means to obtain counsel, were hurried to trial for a capital offense without effective appointment of counsel on whom the burden of preparation and trial would rest, and without adequate opportunity to consult even the counsel casually appointed to represent them. ”

“ Rhode Island had no statute until 1798, when one was passed in the words of the Sixth Amendment. Laws 1798, p. 80. South Carolina, by Act of August 20, 1731, limited appointment to capital cases. Grimke's So.Car.Pub.Laws, 1682-1790, p. 130. Virginia, by Act of Oct. 1786, enacted with respect to one charged with treason or felony that "the court shall allow him counsel . . . if he desire it." Hening's Statutes of Virginia, 1785-1788, Vol. 12, p. 343.↑ . Georgia (Art. I, Par. V) ; Iowa (Art. I, § 10) ; Louisiana (Art. I, § 9) ; Michigan (Dec. of Rights, Art. II, § 19) ; Minnesota (Art. I, § 6) ”