McConnell v. Rhay, 393 U.S. 2 (1968). · Go Syfert
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McConnell v. Rhay, 393 U.S. 2 (1968). Cases Citing This Book View Copy Cite
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cited 6× by 1 distinct case, last quoted 2011 · …the right to counsel at sentencing must, therefore, be treated like the right to counsel at other stages of adjudication. at p. 4 ✓
cited 3× by 1 distinct case, last quoted 2001 · …the right to counsel at sentencing ... relates to 'the very integrity of the fact-finding process ✓
1,026 citation events (173 in the last 25 years) across 81 distinct courts.
Strongest positive: State v. Hess (nj, 2011-07-21) · Strongest negative: Cole v. Holliday (iowa, 1969-10-14)
Treatment trajectory · 1968 → 2026 · click a year to view as-of
1968 1997 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited "but see" Cole v. Holliday (6×)
Iowa · 1969 · signal: but see · confidence high
But see McConnell v. Rhay, 393 U.S. 2 , 89 S.Ct. 32 , 21 L.Ed.2d 2 (1968).
examined Cited as authority (verbatim quote) State v. Hess (6×) also: Cited as authority (quoted)
N.J. · 2011 · signal: see, e.g. · quote attribution · 6 verbatim quotes · confidence high
the right to counsel at sentencing must, therefore, be treated like the right to counsel at other stages of adjudication.
examined Cited as authority (verbatim quote) Alford v. State (4×) also: Cited as authority (rule), Cited "see, e.g."
Ga. · 2010 · signal: see also · quote attribution · 1 verbatim quote · confidence high
the right to counsel ... relates to 'the very integrity of the fact-finding process
examined Cited as authority (verbatim quote) Wiggins v. State (2×)
Md. · 1975 · quote attribution · 2 verbatim quotes · confidence high
the right to counsel at sentencing . . . relates to 'the very integrity of the fact-finding process.
examined Cited as authority (quoted) Gregory Gilchrist v. John R. O'keefe, Superintendent (3×)
2d Cir. · 2001 · signal: see also · quote attribution · 3 verbatim quotes · confidence low
the right to counsel at sentencing ... relates to 'the very integrity of the fact-finding process
discussed Cited as authority (rule) State of Missouri v. Robert A. Woolery
Mo. Ct. App. · 2023 · confidence medium
See, e.g., United States v. Ash, 413 U.S. 300, 312 (1973) (noting that Hamilton’s designation of arraignment as a critical stage was due to the Court’s perception that counsel was needed to “advis[e] the accused on available defenses in order to allow him to plead intelligently”); Adams v. Illinois, 405 U.S. 278, 281, 283 (1972) (noting that Hamilton applied to only “some forms of arraignment” and “Hamilton denominated the arraignment stage in Alabama critical because defenses not asserted at that stage might be forever lost” (emphasis added)); Coleman v. Alabama, 399 U.S. 1, 7…
discussed Cited as authority (rule) People v. Maxson (2×)
Mich. · 2008 · confidence medium
Observing this application, the Supreme Court grouped Douglas with Gideon v Wainwright, 372 US 335 ; 83 S Ct 792 ; 9 L Ed 2d 799 (1963), as cases implicating the right to counsel and addressing a right that “relates to the very integrity of the fact-finding process.” McConnell, 393 US at 3 (internal citation and quotation marks omitted).
cited Cited as authority (rule) Danforth v. Minnesota
SCOTUS · 2008 · confidence medium
See, e. g., Kitchens v. Smith, 401 U. S. 847 (1971) (per curiam); McConnell v. Rhay, 393 U. S. 2, 3-4 (1968) (per curiam); Arsenault, supra, at 6 .
discussed Cited as authority (rule) Simmons v. Kapture
6th Cir. · 2008 · confidence medium
The right to counsel at probation revocation hearings, announced in Mempa v. Rhay, 389 U.S. 128 , 88 S.Ct. 254 , 19 L.Ed.2d 336 (1967), was held to be retroactively applicable in McConnell v. Rhay, 393 U.S. 2, 3-4, 89 , S.Ct. 32, 21 L.Ed.2d 2 (1968).
cited Cited as authority (rule) Simmons v. Kapture
6th Cir. · 2008 · confidence medium
The right to counsel at probation revocation hearings, announced in Mempa v. Rhay, 389 U.S. 128 (1967), was held to be retroactively applicable in McConnell v. Rhay, 393 U.S. 2, 3-4 (1968).
cited Cited as authority (rule) Commonwealth v. Lumley
Mass. · 1975 · confidence medium
See, e.g., Witherspoon v. Illinois, 391 U. S. 510, 523, n. 22 (1968); McConnell v. Rhay, 393 U. S. 2, 3-4 (1968); Ivan V. v. City of New York, 407 U. S. 203, 204 (1972).
cited Cited as authority (rule) Michigan v. Payne
SCOTUS · 1973 · confidence medium
McConnell v. Rhay, 393 U. S. 2, 3 (1968).
cited Cited as authority (rule) Michigan v. Payne
SCOTUS · 1973 · confidence medium
McConnell v. Rhay, 393 U. S. 2, 3 (1968).
discussed Cited as authority (rule) Kuehnert v. Turner (2×)
Utah · 1972 · confidence medium
Note 4, supra. . 393 U.S. 2, 4 , 89 S.Ct. 32 , 21 L.Ed.2d 2, 4 (1968). .
discussed Cited as authority (rule) Harris Percy Wynn v. Samuel L. Smith, Warden, Georgia State Prison, Reidsville, Ga.
5th Cir. · 1971 · confidence medium
See, e. g., Kitchens v. Smith, 401 U.S. 847 , 91 S.Ct. 1089 , 28 L.Ed.2d 519 (1971); Desist v. United States, 394 U.S. 244 , 250 & n. 15, 89 S.Ct. 1030 , 1034 & n. 15, 22 L.Ed.2d 248 , 255 & n. 15 (1969); McConnell v. Rhay, 393 U.S. 2, 3 , 89 S.Ct. 32, 33 , 21 L.Ed.2d 2, 4 (1968); Stovall v. Denno, 388 U.S. 293 , *348 297-298, 87 S.Ct. 1967, 1970 , 18 L.Ed.2d 1199, 1204 (1967); Linkletter v. Walker, 381 U.S. 618, 639 , 85 S.Ct. 1731, 1743 , 14 L.Ed.2d 601, 614 (1965).
discussed Cited as authority (rule) Kitchens v. Smith
SCOTUS · 1971 · confidence medium
See, e. g., Linkletter v. Walker, 381 U. S. 618, 639 (1965); Desist v. United States, 394 U. S. 244 , 250 n. 15 (1969); McConnell v. Rhay, 393 U. S. 2, 3 (1968); Stovall v. Denno, 388 U. S. 293, 297-298 (1967). *848 On appeal, the Georgia Supreme Court affirmed the denial of habeas corpus on different grounds, saying that petitioner did not testify at the habeas corpus hearing that he “wanted a lawyer, asked for one, or made any effort to get one” or that “because of his poverty, or for any other reason, he was unable to hire a lawyer.” 226 Ga. 667 , 177 S. E. 2d 87 -88 (1970).
discussed Cited as authority (rule) United States v. Kelly
E.D.N.Y · 1970 · confidence medium
See also McNerlin v. Denno, 378 U.S. 575 , 84 S.Ct. 1933 , 12 L.Ed.2d 1041 (1964); Linkletter, supra, 85 S.Ct. 1743 n.20; Bruton v. United States, 391 U.S. 123 , 88 S.Ct. 1620 , 20 L.Ed.2d 476 (1968), [invalidating the conviction of one defendant based on a confession of a codefendant] was applied retroactively by the Supreme Court in Roberts v. Russell, 392 U.S. 293 , 88 S.Ct. 1921 , 20 L.Ed.2d 1100 (1968); Mempa v. Rhay, 389 U.S. 128 , 88 S.Ct. 254 , 19 L.Ed.2d 336 (1967), [right to counsel at sentencing] was applied retroactively by the Supreme Court in McConnell v. Rhay, 393 U.S. 2 , 89 S.…
cited Cited "see" Commonwealth v. Pacheco
Mass. · 2017 · signal: see · confidence high
See McConnell v. Rhay, 393 U.S. 2, 3 (1968); Osborne, supra, at 114-115 .
examined Cited "see" State v. Wilson (3×)
La. Ct. App. · 2015 · signal: see · confidence high
See, State v. Kirsch, 01-1017 (La.App. 5 Cir. 3/26/02) , 815 So.2d 215, 217 , citing McConnell v. Rhay, 393 U.S. 2 , 89 S.Ct., 32 , 21 L.Ed.2d 2 (1968); La.
cited Cited "see" People of Michigan v. Raymond Curtis Carp
Mich. · 2014 · signal: see · confidence high
See McConnell v Rhay, 393 US 2, 3-4 ; 89 S Ct 32 ; 21 L Ed 2d 2 (1968) (stating that sentencing relates to the integrity of the fact-finding process under Linhletter).
examined Cited "see" State v. Stapleton (3×)
La. Ct. App. · 2008 · signal: see · confidence high
See, State v. Kirsch, 01-1017 (La.App. 5 Cir. 3/26/02) , 815 So.2d 215, 217 , citing McConnell v. Rhay, 393 U.S. 2 , 89 S.Ct. 32 , 21 L.Ed.2d 2 (1968); La.
cited Cited "see" Simmons v. Kapture
6th Cir. · 2007 · signal: see · confidence high
See McConnell v. Rhay, 393 U.S. 2, 3 (1968).
examined Cited "see" Patrick Simmons v. Robert Kapture (6×)
6th Cir. · 2007 · signal: see · confidence high
See McConnell v. Rhay, 393 U.S. 2, 3 , 89 S.Ct. 32 , 21 L.Ed.2d 2 (1968).
examined Cited "see" State v. Price (3×)
La. Ct. App. · 2007 · signal: see · confidence high
See, State v. Kirsch, 01-1017 (La.App. 5 Cir. 3/26/02) , 815 So.2d 215, 217 , citing McConnell v. Rhay, 393 U.S. 2 , 89 S.Ct. 32 , 21 L.Ed.2d 2 (1968); La.
discussed Cited "see" Ronnie Maurice Howard v. United States (2×)
11th Cir. · 2004 · signal: see · confidence high
See McConnell, 393 U.S. at 3 , 89 S.Ct. at 33 , Finally, Argersinger’s extension of the right to counsel to any prosecution leading to actu *1078 al imprisonment was deemed retroactively applicable in Berry v. City of Cincinnati, 414 U.S. 29, 29-30 , 94 S.Ct. 193, 194 , 38 L.Ed.2d 187 (1973).
discussed Cited "see" State v. Braswell (2×)
N.C. Ct. App. · 1985 · signal: see · confidence high
See McConnell *500 v. Rhay, 893 U.S. 2 , 89 S.Ct. 32 , 21 L.Ed. 2d 2 (1968); Mempa v. Rhay, 389 U.S. 128 , 88 S.Ct. 254 , 19 L.Ed. 2d 336 (1967).
examined Cited "see" Hollis G. Byrd v. Dan v. McKaskle Acting Director Texas Department of Corrections (3×)
5th Cir. · 1984 · signal: see · confidence high
See, Mempa v. Rhay, 389 U.S. 128 , 88 S.Ct. 254 , 19 L.Ed.2d 336 (1967), held retroactive by, McConnell v. Rhay, 393 U.S. 2 , 89 S.Ct. 32 , 21 L.Ed.2d 2 (1968).
examined Cited "see" Burton C. Graham v. Harold J. Smith, Superintendent Attica Correctional Facility (3×)
2d Cir. · 1979 · signal: see · confidence high
See Mempa v. Rhay, 389 U.S. 128 , 88 S.Ct. 254 , 19 L.Ed.2d 336 (1967), held fully retroactive in McConnell v. Rhay, 393 U.S. 2 , 89 S.Ct. 32 , 21 L.Ed.2d 2 (1968).
examined Cited "see" Cammack v. New York (3×)
E.D.N.Y · 1978 · signal: see · confidence high
See McConnell v. Rhay, 393 U.S. 2 , 89 S.Ct. 32 , 21 L.Ed.2d 2 (1968).
examined Cited "see" United States v. Lenardo (3×)
D.N.J. · 1976 · signal: see · confidence high
See, McConnell v. Rhay, 393 U.S. 2 , 89 S.Ct. 32 , 21 L.Ed.2d 2 (1968); Arsenault v. Massachusetts, 393 U.S. 5 , 89 S.Ct. 35 , 21 L.Ed.2d *1156 5 (1968).
examined Cited "see" United States v. George A. Martin (5×)
D.C. Cir. · 1973 · signal: see · confidence high
See McConnell v. Rhay, 393 U.S. 2, 4 , 89 S.Ct. 32, 34 , 21 L.Ed.2d 2 (1968): The right to counsel at sentencing must, therefore, be treated like the right to counsel at other stages of adjudication. 18 Mempa v. Rhay, supra, 389 U.S. at 135 , 88 S.Ct. at 257 (1967); see Von Moltke v. Gillies, 332 U.S. 708, 721 , 68 S.Ct. 316 , 92 L.Ed. 309 (1948) 19 Standards Relating to the Defense Function, Approved Draft, 1971, American Bar Association Project on Standards for Criminal Justice (1971) Sec. 8.1.
examined Cited "see" McComb v. State (6×)
Tex. Crim. App. · 1972 · signal: see · confidence high
See McConnell v. Rhay and Stilner v. Rhay, 393 U.S. 2 , 89 S.Ct. 32 , 21 L.Ed.2d 2 .
cited Cited "see" Adams v. Illinois
SCOTUS · 1972 · signal: see · confidence high
See McConnell v. Rhay, 393 U. S. 2 (1968) (Mempa retroactive) ; Arsenault v. Massachusetts, 393 U. S. 5 (1968) (White and Hamilton retroactive).
examined Cited "see" United States Ex Rel. Burton Graham, Relator-Appellant v. Vincent R. Mancusi, Warden, Attica State Prison, and the State of New York (3×)
2d Cir. · 1972 · signal: see · confidence high
See Mempa v. Rhay, 389 U.S. 128 , 88 S.Ct. 254 , 19 L.Ed.2d 336 (1967), held fully retroactive in McConnell v. Rhay, 393 U.S. 2 , 89 S.Ct. 32 , 21 L.Ed.2d 2 (1968). 10 In contrast, here it is sheer speculation what the jury would have done if the September 1 confession and the admittedly fabricated notes had not been before it.
examined Cited "see" Don Barber v. Louis S. Nelson, Warden, San Quentin State Prison (3×)
9th Cir. · 1971 · signal: see · confidence high
See McConnell v. Rhay, 393 U.S. 2 , 89 S.Ct. 32 , 21 L.Ed.2d 2 (1968).
examined Cited "see" James Wardrop v. Joseph Brierley (3×)
3rd Cir. · 1970 · signal: see · confidence high
See Commonwealth v. Tinson, 433 Pa. 328 , 249 A.2d 549 (1969), cf. McConnell v. Rhay, 393 U.S. 2 , 89 S.Ct. 32 , 21 L.Ed.2d 2 (1968).
examined Cited "see" United States of America Ex Rel. Murray Dickerson v. Alfred T. Rundle, Superintendent, State Correctional Institution,philadelphia, Pennsylvania (6×)
3rd Cir. · 1970 · signal: see · confidence high
See McConnell v. Rhay, 393 U.S. 2 , 89 S.Ct. 32 , 21 L.Ed.2d 2 (1968).
examined Cited "see" United States v. Vallejo (3×)
S.D.N.Y. · 1970 · signal: see · confidence high
See McConnell v. Rhay, 393 U.S. 2 , 89 S.Ct. 32 , 21 L.Ed.2d 2 (1968); Roberts v. Russell, supra; Smith v. Crouse, 378 U.S. 584 , 84 S.Ct. 1929 , 12 L.Ed.2d 1039 (1964); Doughty v. Maxwell, 376 U.S. 202 , 84 S.Ct. 702 , 11 L.Ed.2d 650 (1964).
examined Cited "see" John Edward Daugherty v. Walter E. Craven, Warden (3×)
9th Cir. · 1970 · signal: see · confidence high
See Mempa v. Rhay, 389 U.S. 128 , 88 S.Ct. 254 , 19 L.Ed.2d 336 (1967), and McConnell v. Rhay, 393 U.S. 2 , 89 S.Ct. 32 , 21 L.Ed.2d 2 (1968).
examined Cited "see" Lawrence R. Braun v. B. J. Rhay, Superintendent, Washington State Penitentiary, Walla Walla, Washington (3×)
9th Cir. · 1969 · signal: see · confidence high
See McConnell v. Rhay, 393 U.S. 2, 3 , 89 S.Ct. 32 , 21 L.Ed.2d 2 .
examined Cited "see" People v. Marshall (3×)
Mich. Ct. App. · 1969 · signal: see · confidence high
See McConnell v. Rhay (1968), 393 US 2 ( 89 S Ct 32 , 21 L Ed 2d 2 ), People v. Lott (1968), 12 Mich App 123 , People v. Hernandez (1968), 14 Mich App 741 , and People v. Dye (1967), 6 Mich App 217 .
examined Cited "see" People v. Marshall (3×)
Mich. Ct. App. · 1969 · signal: see · confidence high
See McConnell v. Rhay (1968), 393 US 2 ( 89 S Ct 32 , 21 L Ed 2d 2 ), People v. Lott (1968), 12 Mich App 123 , People v. Hernandez (1968), 14 Mich App 741 , and People v. Dye (1967), 6 Mich App 217 .
examined Cited "see" United States ex rel. Sliva v. Rundle (3×)
E.D. Pa. · 1969 · signal: see · confidence high
See McConnell v. Rhay, 393 U.S. 2 , 89 S.Ct. 32 , 21 L.Ed.2d 2 (1968).
examined Cited "see, e.g." Robert Allan Jorgensen v. State (3×)
Tex. · 2017 · signal: see also · confidence low
See also McConnell v. Rhay, 393 U.S. 2 , 89 S.Ct. 32 , 21 L.Ed.2d 2 (1968). 10 And only recently in Fariss v. Tipps, 463 S.W.2d 176 (Tex.1971), which involved an application for writ of mandamus, the Texas Supreme Court held that a proceeding to revoke probation is a ‘criminal prosecution’ within the state constitution and a probationer was entitled to a speedy trial and further that the speedy trial provision of the Sixth Amendment of the United States Constitution was a due process requirement applicable to state revocation proceedings through the Fourteenth Amendment.
examined Cited "see, e.g." West, Farrell Dane (3×)
Tex. App. · 2015 · signal: see also · confidence low
See also McConnell v. Rhay, 393 U.S. 2 , 89 S.Ct. 32 , 21 L.Ed.2d 2 (1968).
examined Cited "see, e.g." Dokey, Britney Nicole (3×)
Tex. App. · 2015 · signal: see also · confidence low
See also McConnell v. Rhay, 393 U.S. 2 , 89 S.Ct. 32 , 21 L.Ed.2d 2 (1968).
discussed Cited "see, e.g." State v. Smart (2×)
Alaska · 2009 · signal: see also · confidence low
Arsenault v. Massachusetts, 393 U.S. 5, 6 , 89 S.Ct. 35 , 21 L.Ed.2d 5 (1968) (quoting Stovall v. Denno, 388 U.S. 293, 297 , 87 S.Ct. 1967 , 18 LEd.2d 1199 (1967)); see also McConnell v. Rhay, 393 U.S. 2, 3 , 89 S.Ct. 32 , 21 LEd.2d 2 (1968). 106 .
examined Cited "see, e.g." State v. Cabrera (6×)
Utah Ct. App. · 2007 · signal: see also · confidence low
Utah 'courts, in line with the United States Supreme Court, regard sentencing as a critical stage of criminal proceedings "at which a defendant is entitled to the effective assistance of counsel." State v. Casarez, 656 P.2d 1005, 1007 (Utah 1982); see also Mempa v. Rhay, 389 U.S. 128, 134, 137 , 88 S.Ct. 254 , 19 L.Ed.2d 336 (1967). "'The right to counsel at sentencing must, therefore, be treated like the right to counsel at other stages of adjudication.'" Kuehnert v. Turner, 28 Utah 2d 150 , 499 P.2d 839, 841 (1972) (quoting McConnell v. Rhay, 393 U.S. 2, 4 , 89 S.Ct. 32 , 21 L.Ed.2d 2 (1968)…
examined Cited "see, e.g." Hunter v. United States (6×)
D.C. · 1991 · signal: compare · confidence low
See People v. Curtis, 681 P.2d 504, 516-17 (Colo.1984) (en banc) (applying prospectively the decision that such a colloquy should take place, citing Stovall v. Denno, 388 U.S. 293, 297 , 87 S.Ct. 1967, 1970 , 18 L.Ed.2d 1199 (1967)); State v. Neuman, 371 S.E.2d 77 (W.Va.1988) (specific requirements of procedures other than the pending appeal); compare Halliday v. U.S., 394 U.S. 831 , 89 S.Ct. 1498 , 23 L.Ed.2d 16 (1969) (duty to establish on the record that the defendant effectively waived rights associated with guilty plea held not retroactive) with McConnell v. Rhay, 393 U.S. 2 , 89 S.Ct. 32…
examined Cited "see, e.g." People v. Curtis (3×)
Colo. · 1984 · signal: compare · confidence low
Compare Halliday v. United States, 394 U.S. 831 , 89 S.Ct. 1498 , 23 L.Ed.2d 16 (1969) (duty to establish effective waiver of rights associated with guilty plea on the record not retroactive) with McConnell v. Rhay, 393 U.S. 2 , 89 S.Ct. 32 , 21 L.Ed.2d 2 (1968) (duty to establish effective waiver of right to counsel at sentencing hearing on the record retroactive).
Retrieving the full opinion text from the archive…
McCONNELL
v.
RHAY, PENITENTIARY SUPERINTENDENT
87 M.
Supreme Court of the United States.
Oct 14, 1968.
393 U.S. 2
Michael H. Rosen for petitioner in No. 458, Mise., John J. O’Connell, Attorney General of Washington, and Stephen C. Way, Assistant Attorney General, for respondent in both cases.
Per Curiam.
Cited by 353 opinions  |  Published
2 passages pin-cited by 2 cases
Pinpoint authority: bottom 89%
Citer courts: Supreme Court of New Jersey (4) · Second Circuit (3)
Per Curiam.

The sole issue presented by these cases is whether our decision in Mempa v. Rhay, 389 U. S. 128 (1967), should be applied retroactively.

The facts in both cases are quite similar to those in Mempa. Petitioner Jack D. McConnell pleaded guilty to two counts of grand larceny by check. At a hearing on December 23, 1965, he was placed on probation for five years upon condition that he serve one year in the county jail. He was released from jail the following April, but five months later the prosecuting attorney moved that the December 23 order be revoked, alleging that McConnell had violated the terms of his probation. Two hearings on the motion followed — one on September[*3] 29, 1966, and the other on November 23, 1966. As a result of these hearings, McConnell was sentenced to two concurrent 15-year terms. At neither hearing was he represented by counsel or advised of his right to have counsel appointed.

Petitioner Douglas Stiltner pleaded guilty to burglary in the second degree and grand larceny, and on June 23, 1958, he was placed on probation and sentencing was deferred. As in McConnell’s case, the prosecuting attorney later moved for revocation of this order. Hearings on December 30, 1958, and January 8, 1959, led to the imposition of two concurrent 15-year sentences. Stiltner was neither represented nor advised of his right to have counsel appointed. Although Stiltner was subsequently convicted of another offense and is serving a sentence for that crime, the Washington Supreme Court found that it had the power to fashion appropriate relief, were Mempa v. Rhay applicable.

In habeas corpus proceedings, the Washington Supreme Court properly found that both petitioners’ Sixth Amendment rights were violated at their deferred sentencing hearings. That question was settled by our decision in Mempa. But the court denied relief in both cases, holding that Mempa should not be applied to cases in which probation and deferral or suspension of sentences had been revoked before November 13, 1967, the date upon which Mempa was decided. This was error.

This Court’s decisions on a criminal defendant’s right to counsel at trial, Gideon v. Wainwright, 372 U. S. 335 (1963); at certain arraignments, Hamilton v. Alabama, 368 U. S. 52 (1961); and on appeal, Douglas v. California, 372 U. S. 353 (1963), have been applied retroactively. The right to counsel at sentencing is no different. As in these other cases, the right being asserted relates to “the very integrity of the fact-finding process.” Linkletter v. Walker, 381 U. S. 618, 639[*4] (1965); cf. Roberts v. Russell, 392 U. S. 293 (1968). As we said in Mempa, “the necessity for the aid of counsel in marshaling the facts, introducing evidence of mitigating circumstances and in general aiding and assisting the defendant to present his case as to sentence is apparent.” 389 U. S., at 135. The right to counsel at sentencing must, therefore, be treated like the right to counsel at other stages of adjudication.

Certiorari and the motions to proceed in forma pauperis are granted in both cases, the judgments are reversed, and the cases are remanded for further proceedings not inconsistent with this opinion.

It is so ordered.