Ashdown v. Utah/Dissent Douglas

by William O. Douglas

United States Supreme Court

357 U.S. 426

Ashdown  v.  Utah

 Argued: April 1, 1958. --- Decided: June 30, 1958

Mr. Justice DOUGLAS, with whom Mr. Justice BLACK concurs, dissenting.

The uncle and the father of petitioner appeared at the sheriff's office shortly after petitioner was arrested. The uncle testified that he said, 'I don't think she has got a right to be questioned without her father's presence or some attorney.' The father testified that he said, 'I made the remark that it didn't look to me like a fair, square deal, to railroad that girl into that sheriff's office without counsel or friends of any description.'

The uncle and the father were denied admission. They were calmed by the assurance that the accused had a lawyer at her side to aid her under the questioning of the police which was not true.

The request of a next of kin or friend outside the jail that counsel be furnished the accused who was inside under examination should be demand enough. Certainly those on the outside would have calmer judgment than the accused. They should speak for her unless it is clear, as it was not in this case, that the accused had waived her right to a lawyer and had elected to talk instead. For the reasons stated in my dissent in Crooker v. California, 357 U.S. 441, 78 S.Ct. 1287. I would reverse this judgment of conviction.

Notes