Newsom v. Smyth

Supreme Court

Newsom v. Smyth

365 U.S. 604, 81 S. Ct. 774, 5 L. Ed. 2d 803, 1961 U.S. LEXIS 1445

CourtSupreme Court of the United States

DecidedMarch 27, 1961

Docket116

StatusPublished

Cited by5 cases

This text of 365 U.S. 604 (Newsom v. Smyth) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Newsom v. Smyth, 365 U.S. 604, 81 S. Ct. 774, 5 L. Ed. 2d 803, 1961 U.S. LEXIS 1445 (1961).

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Opinions

Per Curiam.

A writ of certiorari to review the judgment of the Supreme Court of Appeals of the Commonwealth of Virginia was granted in this case, 363 U. S. 802, in the belief that it duly presented for the Court’s consideration the question whether the Due Process Clause of the Fourteenth Amendment to the Federal Constitution requires that the State must, in appropriate circumstances, appoint counsel to assist an indigent prisoner under sentence of conviction for a state crime in prosecuting his appeal. After hearing oral argument, and upon full consideration of the case, we find that the record does not adequately establish that the Virginia [605]*605court found or was required to find that there was presented to it the federal claim on which the case was brought here. The case thus fails to present a federal question, and the writ must be dismissed as improvidently granted.

So ordered.

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Per Curiam.

A writ of certiorari to review the judgment of the Supreme Court of Appeals of the Commonwealth of Virginia was granted in this case, 363 U. S. 802, in the belief that it duly presented for the Court’s consideration the question whether the Due Process Clause of the Fourteenth Amendment to the Federal Constitution requires that the State must, in appropriate circumstances, appoint counsel to assist an indigent prisoner under sentence of conviction for a state crime in prosecuting his appeal. After hearing oral argument, and upon full consideration of the case, we find that the record does not adequately establish that the Virginia [605]*605court found or was required to find that there was presented to it the federal claim on which the case was brought here. The case thus fails to present a federal question, and the writ must be dismissed as improvidently granted.

So ordered.

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Bluebook (online)

365 U.S. 604, 81 S. Ct. 774, 5 L. Ed. 2d 803, 1961 U.S. LEXIS 1445, Counsel Stack Legal Research, https://law.counselstack.com/opinion/newsom-v-smyth-scotus-1961.

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