Mempa v. Rhay (1967)
- Docket
- 16
- Decided
- 1967-01-01
- Category
- General
Summary
Question: Does the absence of counsel during a post-trial proceeding for revocation of probation or imposition of deferred sentencing violate the Sixth Amendment as applied to the states by the Fourteenth Amendment? Conclusion: Yes. Justice Thurgood Marshall delivered the opinion for the unanimous Court. The Court held that the legal right to counsel that the Sixth Amendment guarantees, as applied to the states by the Fourteenth Amendment, extends to the post-trial proceeding for revocation of probation and deferred sentencing. The right of counsel at this stage ensures that the conviction and sentence are read correctly without misinterpretation of record. Counsel also assists the defendant in asserting his rights, such as the right to appeal, at the deferred sentencing stage.