Argersinger v. Hamlin

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Argersinger v. Hamlin
Argued December 6, 1971
Reargued February 28, 1972
Decided June 12, 1972
Full case nameJon Richard Argersinger v. Raymond Hamlin, Sheriff, Leon County, Florida
Docket no.70-5015
Citations407 U.S. 25 (more)
92 S. Ct. 2006; 32 L. Ed. 2d 530; 1972 U.S. LEXIS 139
ArgumentOral argument
Case history
ProceduralCertiorari to the Florida Supreme Court, 236 So. 2d 442.
Holding
A criminal defendant may not be actually imprisoned unless provided with counsel
Court membership
Chief Justice
Warren E. Burger
Associate Justices
William O. Douglas · William J. Brennan Jr.
Potter Stewart · Byron White
Thurgood Marshall · Harry Blackmun
Lewis F. Powell Jr. · William Rehnquist
Case opinions
MajorityDouglas, joined by Brennan, Stewart, White, Marshall, Blackmun
ConcurrenceBrennan, joined by Douglas, Stewart
ConcurrenceBurger
ConcurrencePowell, joined by Rehnquist
Laws applied
U.S. Const. amends. VI, XIV

Argersinger v. Hamlin, 407 U.S. 25 (1972), is a United States Supreme Court decision holding that the accused cannot be subjected to actual imprisonment unless provided with counsel. Gideon v. Wainwright made the right to counsel provided in the Sixth Amendment applicable to the states through the Fourteenth Amendment.

Background[edit]

Jon Richard Argersinger was sentenced under Florida law to 90 days in jail for carrying a concealed weapon but was never represented by counsel. Hamlin was the local sheriff. Argersinger claimed his conviction was unconstitutional, but his case was dismissed by the Florida Supreme Court, who relied on Duncan v. Louisiana, which held that jury trials were not required for crimes with a sentence of less than six months. The Florida court claimed that since jury trials were not required for misdemeanors, then neither was counsel.

Supreme Court decision[edit]

The Supreme Court disagreed with the Florida courts and overturned the conviction. The Court held that a criminal defendant may not be actually imprisoned unless provided with counsel.

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