Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

UNITED STATES EX REL. COLWELL v. RUNDLE

February 28, 1966

UNITED STATES ex rel. Edward COLWELL
v.
A. T. RUNDLE



The opinion of the court was delivered by: DAVIS

 The relator was convicted of robbery by the Court of Oyer and Terminer and General Jail Delivery of Philadelphia County, Pennsylvania in 1954 and was sentenced to a term of 5 to 10 years which he is presently serving. *fn1" Having exhausted his state remedies pursuant to 28 U.S.C. ยง 2254, he now petitions this court for a Writ of Habeas Corpus and for release from custody on the ground that he was denied the assistance of counsel at his trial in violation of the Sixth and Fourteenth Amendments to the United States Constitution.

 The record of his jury trial in the state court indicates clearly that he was not represented by counsel, and that he acted as his own lawyer. The question therefore becomes whether the relator intelligently and effectively waived his constitutional right to counsel. The burden of showing, by a preponderance of the evidence, that he did not intelligently and effectively waive this right rests on the relator. Moore v. Michigan, 355 U.S. 155, 161-162, 78 S. Ct. 191, 2 L. Ed. 2d 167 (1957); Johnson v. Zerbst, 304 U.S. 458, 468-469, 58 S. Ct. 1019, 82 L. Ed. 1461 (1938); Palumbo v. State of New Jersey, 334 F.2d 524, 533 (3d Cir. 1964).

 The transcript of the Notes of Testimony from his trial in the state court shows the following with reference to the relator's lack of counsel:

 
MR. OLIENSIS: *fn2" Colwell, you have no lawyer?
 
DEFENDANT COLWELL: I got messed up somewhere, I mean, with my correspondence, and I lost out on it, but I will stand trial without a lawyer, sir.
 
THE COURT: You will waive a jury trial?
 
DEFENDANT COLWELL: No, I am taking a jury trial.
 
THE COURT: What is your name?
 
DEFENDANT COLWELL: Colwell.
 
THE COURT: You want to proceed without a lawyer?
 
DEFENDANT COLWELL: Yes.
 
MR. OLIENSIS: With submission to your Honor, ladies and gentlemen of the jury, we are here to try two defendants, one William Crager and one Edward Colwell, on several bills of indictment, but they all occur out of one transaction. Mr. Alessandroni ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.