Bute v. Illinois (No. 398-Oct. term, 1947)

File — Box: 1, Folder: 23

Identifier: M024.2

Scope and Contents

From the Series:

This series contains copies of judicial opinions written by Burton, including several drafts with edits to language and content. Some are fragments. Also included is a conference list from 1945.

Dates

Creation: 1945-1957, n.d.

Access Restrictions:

No restrictions.

Full Extent

From the Series: 0.4 Linear Feet

Language of Materials

From the Collection: English

Additional Description

Abstract

Question of right of indigents to counsel in criminal case. Majority opinion, Burton, J. draft of opinion; fragments.

Burton contends Sixth Amendment right to counsel in criminal cases not applicable to the states. Denial of counsel does not offend due process clause of Fourteenth Amendment. "After exhaustive consideration of the subject, this Court has decided that the Fourteenth Amendment does not, through its due process clause or otherwise, have the effect of requiring the several states to conform the procedure of their state criminal trials to the precise procedure of the federal courts, even to the extent that the procedure of the federal courts is prescribed by the Federal Constitution or Bill of Rights." 333 U.S. at 656, 92 L.Ed. at 995. Ms. p. 11.

Note: Douglas, J. dissents, joined by Black, Murphy, Rutledge, JJ. Dissent holds Bill of Rights applicable to all courts at all times; asks of what value is constitutional guaranty of fair trial if accused does not have counsel to advise and defend him. (Position of dissenters eventually upheld in Gideon v. Wainwright, 372 U.S. 335, 9 L.Ed. 2d 799 (1963), overruling Bute.)