Johnson v. Zerbst

E287372

Johnson v. Zerbst is a 1938 U.S. Supreme Court decision that held federal courts must provide counsel to indigent defendants in serious criminal cases unless there is a competent and intelligent waiver.

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Label Occurrences
Johnson v. Zerbst canonical 2

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Statements (38)

Predicate Object
instanceOf United States Supreme Court case
landmark decision
appliesTo federal criminal prosecutions
appliesToCases serious criminal cases in federal court
appliesToDefendants indigent defendants
areaOfLaw constitutional law
criminal procedure
bindingOn lower federal courts
category United States Supreme Court cases on the Sixth Amendment
United States Supreme Court criminal procedure case law
citation 304 U.S. 458
clarified that courts must indulge every reasonable presumption against waiver of fundamental constitutional rights.
constitutionalProvision U.S. Constitution, Sixth Amendment
surface form: Sixth Amendment to the United States Constitution
country United States of America
surface form: United States
court Supreme Court of the United States
decisionDate 1938-05-23
decisionType reported decision
fullCaseName Johnson v. Zerbst self-link
holding A waiver of the right to counsel cannot be presumed from a silent record.
Federal courts must provide counsel to indigent defendants in serious criminal cases unless there is a competent and intelligent waiver of that right.
jurisdiction federal
languageOfProceedings English
legalIssue U.S. Constitution, Sixth Amendment
surface form: Sixth Amendment

right to counsel
waiver of counsel
majorityOpinion held that the Sixth Amendment requires appointment of counsel for indigent defendants in federal courts in serious criminal cases.
majorityOpinionBy Hugo L. Black
page 458
party Johnson
Zerbst
precedentFor Gideon v. Wainwright
right to counsel jurisprudence
recognizedRight right to appointed counsel in federal felony prosecutions
requires affirmative showing on the record of a valid waiver of counsel
standardEstablished competent and intelligent waiver of counsel
typeOfRightRecognized fundamental right
volume 304 U.S.
yearDecided 1938

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Referenced by (2)

Full triples — surface form annotated when it differs from this entity's canonical label.

Betts v. Brady relatedCase Johnson v. Zerbst
Johnson v. Zerbst fullCaseName Johnson v. Zerbst self-link