Tom C. Clark

“ Prior to that case, I find no language in any cases in this Court indicating that appointment of counsel in all capital cases was required by the Fourteenth Amendment. [1] At the next Term of the Court, Mr. Justice Reed revealed that the Court was divided as to noncapital cases, but that "the due process clause . . . requires counsel for all persons charged with serious crimes. ”

“ Pennsylvania, 335 U.S. 437, 441 (1948) . Finally, in Hamilton v. Alabama, 368 U.S. 52 (1961) , we said that, " [w] hen one pleads to a capital charge without benefit of counsel, we do not stop to determine whether prejudice resulted." Id. at 55. [p348]
That the Sixth Amendment requires appointment of counsel in "all criminal prosecutions" is clear both from the language of the Amendment and from this Court's interpretation. ”