Kitchens v. Smith, 401 U.S. 847 (1971). · Go Syfert
Search
Kitchens v. Smith, 401 U.S. 847 (1971). Cases Citing This Book View Copy Cite
370 citation events (41 in the last 25 years) across 47 distinct courts.
Strongest positive: Simmons v. Kapture (ca6, 2008-02-15)
Treatment trajectory · 1971 → 2026 · click a year to view as-of
1971 1998 2026
Top citers, strongest first. 27 distinct citers. How cited ↗
discussed Cited as authority (rule) Simmons v. Kapture
6th Cir. · 2008 · confidence medium
The Howard court catalogued numerous pre-Teague cases where the Supreme Court had applied new rules regarding the right to counsel retroactively, including the holding of Gideon itself, 372 U.S. at 344-45, which was judged to be retroactively applicable in Kitchens v. Smith, 401 U.S. 847, 847 (1971).
cited Cited as authority (rule) People v. Jones
Mich. Ct. App. · 1973 · confidence medium
In Kitchens v Smith, 401 US 847, 848 ; 91 S Ct 1089, 1090 ; 28 L Ed 2d 519, 521 (1971), the Court reversed a denial of habeas corpus relief by the Georgia Supreme Court.
examined Cited as authority (rule) Loper v. Beto (4×)
SCOTUS · 1972 · confidence medium
With respect to the 1940 conviction, it surely cannot be said that Loper, through his testimony that he does *488 not now "believe" that he then could have afforded private counsel, met his "burden of proving his inability at that time to hire an attorney." Kitchens v. Smith, 401 U. S. 847, 848 (1971).
examined Cited "see" Caldwell v. State (3×)
Miss. · 1987 · signal: see · confidence high
See Kitchens v. Smith, 401 U.S. 847 , 91 S.Ct. 1089 , 28 L.Ed.2d 519 (1971); Pickelsimer v. Wainwright, 375 U.S. 2 , 84 S.Ct. 80 , 11 L.Ed.2d 41 (1963).
examined Cited "see" Caldwell v. State (3×)
Miss. · 1987 · signal: see · confidence high
See Kitchens v. Smith, 401 U.S. 847 , 91 S.Ct. 1089 , 28 L.Ed.2d 519 (1971); Pickelsimer v. Wainwright, 375 U.S. 2 , 84 S.Ct. 80 , 11 L.Ed.2d 41 (1963).
examined Cited "see" United States v. Sauer (3×)
cma · 1983 · signal: see · confidence high
See Kitchens v. Smith, 401 U.S. 847 , 91 S.Ct. 1089 , 28 L.Ed.2d 519 (1971).
examined Cited "see" State v. Garcia (3×)
N.J. Super. Ct. App. Div. · 1982 · signal: accord · confidence high
See N.J.S.A. 2C:1-13(d); accord, Kitchens v. Smith, 401 U.S. 847, 848 , 91 S.Ct. 1089 , 28 L.Ed. 2d 519, 521 (1971): United States v. Tucker, supra .; Loper v. Beto 405 U.S. 473, 479 , 92 S.Ct. 1014, 1017 , 31 L.Ed. 2d 374, 379 (1976) (fn. 6; burden on impeachment); see, also, State v. Lueder, 74 N.J. 62 (1977); *390 State v. Miscavage, 62 N.J. 294, 300-301 (1973); State v. Koch, 118 N.J.
examined Cited "see" Enrique v. State (3×)
Fla. Dist. Ct. App. · 1981 · signal: see · confidence high
See Kitchens v. Smith, 401 U.S. 847 , 91 S.Ct. 1089 , 28 L.Ed.2d 519 (1971) (right to counsel not dependent on request).
examined Cited "see" State v. Rogers (3×)
N.J. Super. Ct. App. Div. · 1981 · signal: see · confidence high
See Kitchens v. Smith, 401 U.S. 847 , 91 S.Ct. 1089 , 28 L.Ed. 2d 519 (1971), where the United States Supreme Court observed "as we have often noted, Gideon [ v. Wainwright, 372 U.S. 335 , 83 S.Ct. 792 , 9 L.Ed. 2d 799 (1963)] is fully retroactive." Cf. State v. Howery, 80 N.J. 563, 569 (1979) ( Franks v. Delaware not retroactive); State v. Czachor, 82 N.J. 392, 408-410 (1980) (decision abolishing Allen charge given limited retroactive effect).
examined Cited "see" State ex rel. Stokes v. Blackburn (3×)
La. · 1980 · signal: see · confidence high
See Kitchens v. Smith, 401 U.S. 847 , 91 S.Ct. 1089 , 28 L.Ed.2d 519 (1971) and Hall v. Henderson, 318 So.2d 12 (La.1975).
examined Cited "see" Brawer v. United States (3×)
S.D.N.Y. · 1978 · signal: see · confidence high
See Kitchens v. Smith, 401 U.S. 847 , 91 S.Ct. 1089 , 28 L.Ed.2d 519 (1971) (per curiam). 3 .
examined Cited "see" Lawrence Leroy Farrow v. United States (4×)
9th Cir. · 1978 · signal: see · confidence high
See Kitchens v. Smith, 401 U.S. at 848-49 , 91 S.Ct. 1089 ; Mitchell v. United States, 482 F.2d 289, 294-95 (5th Cir. 1973).
examined Cited "see" United States v. Floyd Orion Allen (6×)
4th Cir. · 1977 · signal: see · confidence high
See Kitchens v. Smith, 401 U.S. 847, 848 , 91 S.Ct. 1089 , 28 L.Ed.2d 519 (1971); Loper v. Beto, 405 U.S. 473, 497-593 , 92 S.Ct. 1014 , 31 L.Ed.2d 374 (1972).
examined Cited "see" Anthony Martin Zilka v. W. J. Estelle, Jr., Director, Texas Dept. Of Corrections (3×)
5th Cir. · 1976 · signal: see · confidence high
See Kitchens v. Smith, 401 U.S. 847 , 91 S.Ct. 1089 , 28 L.Ed.2d 519 (1971) (Gideon fully retroactive).
examined Cited "see" David A. Davis v. W. J. Estelle, Director, Texas Department of Corrections (3×)
5th Cir. · 1976 · signal: see · confidence high
See Kitchens v. Smith, 401 U.S. 847 , 91 S.Ct. 1089 , 28 L.Ed.2d 519 (1971) (Gideon fully retroactive); McConnell v. Rhay, 393 U.S. 2 , 89 S.Ct. 32 , 21 L.Ed.2d 2 (1968) (Mempa held retroactive). 2 .
examined Cited "see" Stephens v. State (3×)
Tex. Crim. App. · 1974 · signal: see · confidence high
See Kitchens v. Smith, 401 U.S. 847 , 91 S. Ct. 1089 , 28 L.Ed.2d 519 .
examined Cited "see" State ex rel. Davis v. Henderson (3×)
La. · 1973 · signal: see · confidence high
See Kitchens v. Smith, 401 U.S. 847 , 91 S.Ct. 1089 , 28 L.Ed.2d 519 (1971).
examined Cited "see" State ex rel. Koon v. Henderson (6×)
La. · 1972 · signal: see · confidence high
See Kitchens v. Smith, 401 U.S. 847 , 91 S.Ct. 1089 , 28 L.Ed.2d 519 (1971).
examined Cited "see, e.g." Alford v. State (4×)
Ga. · 2010 · signal: see, e.g. · confidence low
See, e.g., Kitchens v. Smith, 401 U.S. 847 , 91 S.Ct. 1089 , 28 L.Ed.2d 519 (1971) (felony convictions); Arsenault v. Massachusetts, 393 U.S. 5, 6 , 89 S.Ct. 35 , 21 L.Ed.2d 5 (1968) (the right to counsel in plea hearings is retroactive, "since the `denial of the right must almost invariably deny a fair trial'"); see also McConnell, 393 U.S. at 3 , 89 S.Ct. 32 ("The right to counsel . . . relates to `the very integrity of the fact-finding process'").
cited Cited "see, e.g." Danforth v. Minnesota
SCOTUS · 2008 · signal: see, e.g. · confidence low
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 .
examined Cited "see, e.g." Danforth v. Minnesota (3×)
SCOTUS · 2008 · signal: see, e.g. · confidence low
See, e.g., Kitchens v. Smith, 401 U.S. 847 , 91 S.Ct. 1089 , 28 L.Ed.2d 519 (1971) (per curiam) ; McConnell v. Rhay, 393 U.S. 2, 3-4 , 89 S.Ct. 32 , 21 L.Ed.2d 2 (1968) (per curiam) ; Arsenault v. Massachusetts, 393 U.S. 5, 6 , 89 S.Ct. 35 , 21 L.Ed.2d 5 (1968) (per curiam) .
examined Cited "see, e.g." United States v. Jesse Aguirre, Sr. (3×)
5th Cir. · 1993 · signal: compare · confidence low
Compare Kitchens v. Smith, 401 U.S. 847 , 91 S.Ct. 1089 , 28 L.Ed.2d 519 (1971) (invalidating uncounseled robbery conviction of indigent defendant which became final before Gideon decision) with Allen (Batson standards inapplicable on habeas' corpus review to conviction's which had become final at time of that decision). 22 .
examined Cited "see, e.g." Ibn-Tamas v. United States (6×)
D.C. · 1979 · signal: compare · confidence low
Compare Kitchens v. Smith, 401 U.S. 847 , 91 S.Ct. 1089 , 28 L.Ed.2d 519 (1971) (Gideon retroactive); Pickelsimer v. Wainwright, 375 U.S. 2 , 84 S.Ct. 80 , 11 L.Ed.2d 41 (1963) (same).
examined Cited "see, e.g." United States v. Mason (3×)
D. Maryland · 1975 · signal: see, e.g. · confidence low
See, e. g., Kitchens v. Smith, 401 U.S. 847 , 91 S.Ct. 1089 , 28 L.Ed.2d 519 (1971).
examined Cited "see, e.g." Douglas v. Warden, Maryland Penitentiary (3×)
D. Maryland · 1975 · signal: see, e.g. · confidence low
See, e. g., Kitchens v. Smith, 401 U.S. 847 , 91 S.Ct. 1089 , 28 L.Ed.2d 519 (1971).
examined Cited "see, e.g." Ex Parte Williams (3×)
Tex. Crim. App. · 1972 · signal: see, e.g. · confidence low
See, e.g., Linkletter v. Walker, 381 U.S. 618, 639 , 85 S.Ct. 1731 , 14 L.Ed.2d 601 (1965) and Kitchens v. Smith, 401 U.S. 847 , 91 S.Ct. 1089 , 28 L.Ed.2d 519 (1971).
examined Cited "see, e.g." Harris Percy Wynn v. Samuel L. Smith, Warden, Georgia State Prison, Reidsville, Ga. (3×)
5th Cir. · 1971 · signal: see, e.g. · confidence low
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).
Retrieving the full opinion text from the archive…
Kitchens
v.
Smith, Warden
6131.
Supreme Court of the United States.
Apr 5, 1971.
401 U.S. 847
Per Curiam.
Cited by 127 opinions  |  Published
Per Curiam.

Petitioner pleaded guilty to robbery in a Georgia state court in 1944. He was not represented by counsel at any time. While serving his sentence, petitioner escaped and did not return to Georgia until 1969, when he was returned to finish the remainder of his sentence. He then brought this habeas corpus action in county court, alleging that his conviction was void under Gideon v. Wainwright, 372 U. S. 335 (1963). The county court denied relief because Gideon was “recent law and under the law at the time of his sentence, the sentence met the requirements of the law at that time.” This was error since as we have often noted, Gideon is fully retroactive. 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).

As this Court has said, however, “[I]t is settled that where the assistance of counsel is a constitutional requisite, the right to be furnished counsel does not depend on a request.” Carnley v. Cochran, 369 U. S. 506, 513 (1962). This applies to guilty pleas as well as to trials. Uveges v. Pennsylvania, 335 U. S. 437, 441 (1948).

Of course, to establish his right to appointed counsel in 1944, petitioner had the burden of proving his inability at that time to hire an attorney. His petition for habeas corpus specifically averred that he was unable to obtain counsel “because of his impoverished condition” at that time. The respondent denied this allegation and thus put the matter in issue. At the hearing, petitioner testified, “I was a lot younger and I didn’t have any money and I didn’t have a lawyer . . . .” (Emphasis added.) The State made no effort whatever to contradict petitioner’s testimony that he was indigent; no part of its case went to the issue of indigency. In this light, the Georgia Supreme Court’s finding that petitioner “did not testify . . . that because of his poverty, or for any other reason, he was unable to hire a lawyer” is explicable only under the most rigid rules of testimonial construction. Though petitioner did not precisely testify that his failure to obtain a lawyer was a result of his indigency, this was the undeniable implication of his testimony, especially in view of the habeas corpus petition’s allegation that petitioner was unable to hire an attorney “because of” his indigency. The hearing below, as the transcript shows, was conducted informally. Petitioner had[*849] no lawyer, and introduced no evidence other than his own testimony. He testified discursively; no objections were made by the State, nor did it cross-examine petitioner on the issue of indigency.

It is our view that on this record petitioner proved he was without counsel due to indigency at the time of his conviction. The petition for certiorari is granted, the judgment of the Georgia Supreme Court is reversed and the case remanded for further proceedings not inconsistent with this opinion.