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Kitchens v. Smith, 401 U.S. 847 (1971)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Kitchens v. Smith, 401 U.S. 847 (1971)
Kitchens v. Smith No. 6131 Decided April 5, 1971 401 U.S. 847
ON PETITION FOR WRIT OF CERTIORARI TO THE
SUPREME COURT OF GEORGIA
Syllabus
Petitioner challenges his 1944 robbery conviction, when he was not represented by counsel, on the basis of Gideon v. Wainwright, 372 U.S. 335 (1963). In his habeas corpus petition he stated that he was unable to obtain counsel "because of his impoverished condition," and at the hearing he said, "I didn’t have any money and I didn’t have a lawyer." Respondent made no effort to show that petitioner was not indigent at the time of his conviction. The Georgia courts denied his petition.
Held: On this record, petitioner proved he was without counsel due to indigency at the time of his conviction, and accordingly he is entitled to relief, as Gideon is fully retroactive.
Certiorari granted; 226 Ga. 667, 177 S. E. 2d 87, reversed and remanded.
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Chicago:
U.S. Supreme Court, "Syllabus," Kitchens v. Smith, 401 U.S. 847 (1971) in 401 U.S. 847 Original Sources, accessed July 1, 2025, http://www.originalsources.com/Document.aspx?DocID=RRTHYC52JXQP52R.
MLA:
U.S. Supreme Court. "Syllabus." Kitchens v. Smith, 401 U.S. 847 (1971), in 401 U.S. 847, Original Sources. 1 Jul. 2025. http://www.originalsources.com/Document.aspx?DocID=RRTHYC52JXQP52R.
Harvard:
U.S. Supreme Court, 'Syllabus' in Kitchens v. Smith, 401 U.S. 847 (1971). cited in 1971, 401 U.S. 847. Original Sources, retrieved 1 July 2025, from http://www.originalsources.com/Document.aspx?DocID=RRTHYC52JXQP52R.
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