William O. Douglas

“ We intimate no opinion on whether any of the problems mentioned would arise on petitioner's trial nor, if so, whether any would have merit. We only conclude that a trial on a charge of being a habitual criminal is such a serious one (Chandler v. Fretag, 348 U.S. 3, 75 S.Ct. 1, 99 L.Ed. 4) , the issues presented under Virginia's statute so complex, and the potential prejudice resulting from the absence of counsel so great that the rule we have followed concerning the appointment of counsel in other types of criminal trials [2] is equally applicable here. ”

“ But the holding in the case applies equally to an accused faced with an information under Virginia's recidivist statute and who has no lawyer. It is 'The nature of the charge' (Tomkins v. Missouri, 323 U.S. 485, 488, 65 S.Ct. 370, 89 L.Ed. 407) that underlines the need for counsel. In trials of this kind the labyrinth of the law is, or may be, too intricate for the layman to master. ”

“ Notes
↑ He apparently did not appear from the conviction. Fitzgerald v. Smyth, 194 Va. 681, 74 S.E.2d 810, however, allows the deprivation of a constitutional right to be raised by habeas corpus.↑ Williams v. Kaiser, supra; Tomkins v. Missouri, supra; Townsend v. Burke, 334 U.S. 736, 68 S.Ct. 1252, 92 L.Ed. 1690; Hudson v. ”