Cash v. Culver

PETITIONER: Cash
RESPONDENT: Culver
LOCATION: Youngstown Sheet and Tube Co.

DOCKET NO.: 91
DECIDED BY: Warren Court (1958-1962)
LOWER COURT:

CITATION: 358 US 633 (1959)
ARGUED: Jan 22, 1959
DECIDED: Feb 24, 1959

Facts of the case

Question

Media for Cash v. Culver

Audio Transcription for Oral Argument - January 22, 1959 in Cash v. Culver

Earl Warren:

Number 91, Ray Cash, Petitioner, versus R. O. Culver.

Mr. Langbein.

Irwin L. Langbein:

Langbein, sir.

Earl Warren:

Langbein.

I beg your pardon.

Irwin L. Langbein:

May I present to the Court, Mr. Chief Justice, my adversary in this case, Mr. Edward S. Jaffry of the Florida Bar and Assistant Attorney General of the State of Florida, who is not a member of this bar and I request that if he'd be permitted to be heard pro hac vice.

Earl Warren:

The motion is granted.

He may --

Irwin L. Langbein:

Thank you, sir.

Earl Warren:

-- he may be heard.

Irwin L. Langbein:

Thank you, sir.

Earl Warren:

(Inaudible)

Irwin L. Langbein:

May it please the Court.

This is a criminal habeas corpus case.

He comes here on certiorari from the Supreme Court of Florida.

The record below is very short, 20 pages long, consists of the petition for habeas corpus and a three-line order in which the Supreme Court of Florida denied the petition without opinion.

The petitioner is a young man of 24.

He is an inmate of the Florida State Penitentiary.

He is serving a 15-year term out of a possible maximum 20 for burglary.

He contends that his imprisonment is unlawful because his trial took place over his objection without the benefit of the presence of counsel.

That was some four years ago.

He did not appeal, instead some three years later, about a year ago, he brought the instant proceeding originally in the Supreme Court of Florida which has original jurisdiction in these matters and then here.

He had no counsel at any stage until after the grant of certiorari here, when I was appointed to represent him.

His petition alleges that at the time of his trial, he was only 20 years old that he was an uneducated farm boy and that he had never so much has been inside a criminal trial court for him to trial except some 10 weeks before when he had listened to his own previous trial on the same charge.

Then he had been represented by experienced and paid criminal counsel.

That trial resulted in a mistrial, hung jury.

He was then sent to solitary confinement where he remained for the 10 weeks intervening between that trial and the present trial of which he is now complaining.

Charles E. Whittaker:

(Inaudible)

Irwin L. Langbein:

Sir, I wish someone would explain it to me.

I'm reporting the allegations of the petitioner, if it -- I'm ashamed to say that it happened sometime in Florida.