State v. Journey

Nebraska Supreme Court

State v. Journey

183 N.W.2d 494, 186 Neb. 416

CourtNebraska Supreme Court

DecidedMarch 12, 1971

Docket37713

StatusPublished

Cited by4 cases

This text of 183 N.W.2d 494 (State v. Journey) is published on Counsel Stack Legal Research, covering Nebraska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Journey, 183 N.W.2d 494, 186 Neb. 416 (Neb. 1971).

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Opinion

*417 Newton, J.

Defendant was charged with failure to make a child support payment and with being a habitual criminal. He has an eighth grade education. His constitutional rights were fully explained to him, including the right to counsel. All were waived and a plea of guilty entered. The defendant having indicated a doubt as, to his mental competency, the court stated that it would withhold acceptance of defendant’s plea, defer pronouncing sentence, and have him taken to a state hospital for an examination and determination of his mental competency. Defendant was examined and found to be mentally competent. Meantime, he wrote to the trial judge requesting the appointment of an attorney to represent him. The request was summarily denied and defendant was sentenced to 10 years in the Nebraska Penal and Correctional Complex.

Defendant brought a post conviction action and appeals from the judgment denying him relief. He assigns as error the failure of the court to appoint counsel to represent him pursuant to his request. We sustain that assignment and reverse the judgment of the district court.

The law is clear that an accused person is entitled to counsel at every critical stage of a criminal proceeding. See, State v. Ninneman, 179 Neb. 729, 140 N. W. 2d 5; Davis v. United States, 226 F. 2d 834 (8th Cir., 1955).

The judgment of conviction and sentence entered in the district court is reversed and the cause remanded for a new trial.

Reversed and remanded for a new trial.

Spencer, J., participating on briefs.

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*417 Newton, J.

Defendant was charged with failure to make a child support payment and with being a habitual criminal. He has an eighth grade education. His constitutional rights were fully explained to him, including the right to counsel. All were waived and a plea of guilty entered. The defendant having indicated a doubt as, to his mental competency, the court stated that it would withhold acceptance of defendant’s plea, defer pronouncing sentence, and have him taken to a state hospital for an examination and determination of his mental competency. Defendant was examined and found to be mentally competent. Meantime, he wrote to the trial judge requesting the appointment of an attorney to represent him. The request was summarily denied and defendant was sentenced to 10 years in the Nebraska Penal and Correctional Complex.

Defendant brought a post conviction action and appeals from the judgment denying him relief. He assigns as error the failure of the court to appoint counsel to represent him pursuant to his request. We sustain that assignment and reverse the judgment of the district court.

The law is clear that an accused person is entitled to counsel at every critical stage of a criminal proceeding. See, State v. Ninneman, 179 Neb. 729, 140 N. W. 2d 5; Davis v. United States, 226 F. 2d 834 (8th Cir., 1955).

The judgment of conviction and sentence entered in the district court is reversed and the cause remanded for a new trial.

Reversed and remanded for a new trial.

Spencer, J., participating on briefs.

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Bluebook (online)

183 N.W.2d 494, 186 Neb. 416, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-journey-neb-1971.

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