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Keywords

appealhearingtrialtestimonycross-examination

defendantappealhearingtrialpublic defenderjury trial

Related Cases

Thomas v. Kemp, 479 U.S. 996, 107 S.Ct. 602 (Mem), 93 L.Ed.2d 601

Facts

Donald Wayne Thomas, a nineteen-year-old, was charged with the murder of a nine-year-old boy. At his preliminary hearing, he requested to retain private counsel, but the court denied this request and proceeded without any defense counsel present. The main witness against him, a fifteen-year-old mentally retarded girl, testified without cross-examination, claiming Thomas confessed to the murder. This testimony later varied significantly during the trial, raising concerns about the fairness of the proceedings.

Petitioner Donald Wayne Thomas was convicted of murder and sentenced to death after jury trial. The State of Georgia charged petitioner, who was then nineteen years old, with the murder of a nine-year-old boy. At the preliminary hearing held ten days after petitioner's arrest, petitioner requested an opportunity to retain private counsel, indicating that he did not wish to be represented by the public defender.

Issue

Did the denial of counsel at the preliminary hearing constitute a violation of the Sixth Amendment right to assistance of counsel, and was this denial harmless error?

Rule

The right to counsel is a fundamental right that extends to all critical stages of a criminal prosecution, and the denial of counsel at such stages is considered per se constitutional error.

It has been settled for more than half a century that a defendant facing capital charges is entitled to the assistance of counsel.

Analysis

The court analyzed the implications of the absence of counsel during the preliminary hearing, emphasizing that the right to counsel is essential for a fair trial. It noted that the Court of Appeals' conclusion that the error was harmless was flawed, as it relied on speculation about the potential impact of counsel's presence. The court reiterated that the denial of counsel at a critical stage, such as a preliminary hearing in a capital case, automatically results in prejudice.

The court analyzed the implications of the absence of counsel during the preliminary hearing, emphasizing that the right to counsel is essential for a fair trial.

Conclusion

The court ultimately dissented from the denial of the petition for certiorari, asserting that the preliminary hearing was a critical stage in the prosecution and that the absence of counsel constituted a significant constitutional error.

Who won?

The State of Georgia prevailed in the case, as the court upheld the decision of the Court of Appeals that the denial of counsel was harmless error, despite the dissenting opinion highlighting the constitutional implications.

The State of Georgia prevailed in the case, as the court upheld the decision of the Court of Appeals that the denial of counsel was harmless error.

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