William O. Douglas

“ In this case the certified records of the Tennessee conviction on their face raise a presumption that petitioner was denied his right to counsel in the Tennessee proceeding, and therefore that his conviction was void. Presuming waiver of counsel from a silent record is impermissible. Carnley v. Cochran, 369 U.S. 506, 82 S.Ct. 884, 8 L.Ed.2d 70. To permit a conviction obtained in violation of Gideon v. Wainwright to be used against a person either to support guilt or enhance punishment for another offense (see Greer v. Beto, 384 U.S. 269, 86 S.Ct. 1477) is to erode the principle of that case. ”

“ The State then offered a second version of the same Tennessee conviction which stated that petitioner had appeared 'in proper person' but did not contain the additional words 'without counsel.' This second version also stated that 'After said jury had heard the evidence, argument of counsel, and the charge of the Court, they retired to consider of their verdict.' It is not clear, however, whether 'counsel' was being used in the singular or plural, and in any event no explanation was offered for the discrepancy between the two records. ”

“ We do not sit as a court of criminal appeals to review state cases. The States are free to provide such procedures as they choose, including rules of evidence, provided that none of them infringes a guarantee in the Federal Constitution. The recent right-to-counsel cases, starting with Gideon v. ”