Johnson v. Zerbst, 304 U.S. 458 (1938)

Facts

  • Johnson and a co-defendant, enlisted Marines on leave, were arrested in Charleston, South Carolina, for possessing and passing counterfeit $20 Federal Reserve notes.
  • They were indicted in federal court and first notified of the indictment two days later.
  • On the same day they were notified, they were arraigned, tried, convicted, and sentenced to four and one-half years’ imprisonment.
  • They had counsel at earlier preliminary proceedings but had no counsel at trial.
  • At arraignment, they pleaded not guilty, stated they had no lawyer, and indicated they were ready for trial.
  • While incarcerated, Johnson sought habeas corpus, alleging denial of the Sixth Amendment right to counsel.

Issues

  1. Whether the Sixth Amendment guarantees a defendant in a federal criminal case the assistance of counsel as a prerequisite to the court’s authority to convict and sentence.
  2. Whether waiver of the right to counsel is valid only if made competently and intelligently, and whether the trial court must determine that waiver.
  3. Whether a conviction obtained without counsel and without a valid waiver is void and may be attacked collaterally by habeas corpus, including by evidence outside the trial record.

Decision

  • The Supreme Court reversed the court of appeals and remanded.
  • The Court held the Sixth Amendment entitles a person charged with crime in federal court to the assistance of counsel.
  • The Court ruled that compliance with the right to counsel is an essential jurisdictional prerequisite to a federal court’s power to convict and sentence.
  • The Court held the right may be waived only by a competent and intelligent waiver assessed under the defendant’s particular circumstances.
  • The Court directed that the waiver question may be resolved in habeas proceedings using evidence beyond the trial record, and remanded for a determination whether Johnson validly waived counsel.
  • In federal criminal prosecutions, the Sixth Amendment right to counsel is a condition of the court’s authority to impose a valid conviction and sentence.
  • Courts presume against waiver of fundamental constitutional rights and do not infer waiver from silence or mere acquiescence.
  • A waiver of counsel is valid only if made competently and intelligently, considering the defendant’s background, experience, and conduct.
  • Federal trial courts have a duty to protect the right to counsel and to determine whether an unrepresented defendant has validly waived counsel; making that determination part of the record is appropriate.
  • Denial of counsel, or absence of a valid waiver, renders the conviction vulnerable to collateral attack in habeas corpus, and the habeas court may consider evidence outside the original trial record.

Conclusion

The Court held that a federal conviction obtained without counsel and without a competent and intelligent waiver is jurisdictionally defective, and that habeas corpus may be used to test the validity of any claimed waiver based on evidence beyond the trial record.