Dublin v. District of Columbia
Dublin v. District of Columbia
Opinion of the Court
Appellant was arrested for disorderly conduct,
At the trial the arresting officer testified that* appellant, in reply to the officer’s questions, used profane, indecent, and obscene words on a public street. According to the officer’s testimony, appellant also stated that “I am tired of this [obscenity] and I’m going to carry it to court in the morning.” After testifying in his own behalf, appellant was found guilty, sentenced, and now appeals. He'contends that the court: (1) failed to advise him that he was entitled to counsel of his own choosing; and (2) failed to make an exhaustive determination as to whether he clearly, intelligently, and knowingly waived his right to counsel.
It is often difficult to determine whether a defendant in a criminal proceeding has waived his constitutional right to be represented by counsel. But just as there is no doubt as to the existence of that right, there is no question that it may be waived, for there is no absolute requirement that an accused be represented,
Although we have numerous precedents to refer to for guidance in cases of this nature, ultimately “the determination of whether there has been an intelligent waiver of right to counsel must depend, in each case, upon the particular facts, and circumstances surrounding that case, including the background, experience, and conduct of the accused.”
Appellant relies on our recent -decision in Johnson v. District of Columbia, 101 A.2d 251, to support his contentions of error. But that case is clearly distinguishable from the present one. There we awarded a new trial on the,, ground that defendant did not intelligently waive his right to counsel, in view of the facts that he was only 19 years of age and that he was not informed by the court of his right to counsel on the day of, trial (although he had been informed of that fact previously). In addition, Johnson alleged that he was totally unfamiliar with court proceedings, the nature of the charge against him, and the penalties that might result therefrom. None of those factors are present in this case.
Affirmed.
. Code 1951, § 22-1107, as amended by the District of Columbia Law Enforcement Act of 1953, § 210, Public Law 85, 83rd Cong., 1st Sess., approved June 29, 1953, 67 Stat. 97.
. Dorsey v. Gill, 80 U.S.App.D.C. 9, 148 F.2d 857, certiorari denied 325 U.S. 890, 65 S.Ct. 1580, 89 L.Ed. 2003.
. Carter v. People of State of Illinois, 329 U.S. 173, 67 S.Ct. 216, 91 L.Ed. 172.
. Glasser v. United States, 315 U.S. 60, 62 S.Ct. 457, 86 L.Ed. 680; Johnson v. Zerbst, 304 U.S. 458, 58 S.Ct. 1019, 82 L.Ed. 1461.
. Johnson v. Zerbst, supra, 304 U.S. at page 464, 58 S.Ct. at page 1023.
. Humphries v. United States, D.C.Mun.App., 68 A.2d 803.
Reference
- Full Case Name
- DUBLIN v. DISTRICT OF COLUMBIA
- Status
- Published