WAINWRIGHT, CORRECTIONS DIRECTOR
v.
COTTLE

U.S. | 1973-10-15
No. 72-1721
with whom Mr. Justice Black-mun concurs,
414 U.S. 895 Supreme Court of the United States (1973) Negative Treatment
Cited by 13 cases
Dissent
Mr. Justice Douglas,

Mr. Justice Douglas,

with whom Mr. Justice Black-mun concurs,

dissenting.

In Gagnon v. Scarpelli, 411 U. S. 778, this Court was presented with the question whether an indigent probationer or parolee has a due process right to appointed counsel at revocation hearings. Noting that “due process is not so rigid as to require that the significant interests in informality, flexibility, and economy must always be sacrificed” by judicializing the revocation process with the presence of attorneys, a case-by-case analysis was held necessary for that determination. Id., at 788. The Court today remands for such an analysis. But the only issue in this case is whether the court below was correct in holding that the Equal Protection Clause requires the right to appointed counsel at parole revocation hearings in cases where, unlike Gagnon v. Scarpelli, supra, a solvent parolee has a statutory right to the presence of retained counsel. Gagnon is inapposite. The State of Florida has already determined by statute that any interest in flexibility and informality derived from the absence of attorneys will always be sacrificed when a parolee of means desires the assistance of counsel. Whether in such cases the Equal Protection Clause demands that indigent parolees be afforded the same representation rights was not answered in Gagnon. I would take this case in order to decide it here.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By (12 total)

  • Alabama v. Shelton, 535 U.S. 654 (U.S. 2002)
    …. 2d, at 654; United States v. Foster, 904 F. 2d 20, 21 (CA9 1990); United States v. White, 529 F. 2d 1390, 1394 (CA8 1976). Others have rejected that proposition. See, e. g., Cottle v. Wainwright, 477 F. 2d 269, 274 (CA5), vacated on other grounds, 414 U. S. 895 (1973); Griswold v. Commonwealth, 252 Va. 113, 116-117, 472 S. E. 2d 789, 791 (1996); State v. Hansen, 273 Mont. 321, 325, 903 P. 2d 194, 197 (1995). We granted certiorari to resolve the conflict. 532 U. S. 1018 (2001). II Three positions are befo…
  • Palmigiano v. Baxter, 487 F.2d 1280 (1st Cir. 1973)
    …ircumstance found by two circuits to arise in parole revocation proceedings, Earnest v. Willingham, 406 F. 2d 681, 684 (10th Cir. 1969), and probation revocation proceedings, Wainwright v. Cottle, 477 F. 2d 269 (5th Cir. 1973), vacated and remanded, 414 U.S. 895, 94 S.Ct. 221, 38 L.Ed.2d 138 (1973). We do not, however, deal with that issue at this time. The prison administrative hearing, even when resulting in segregation or loss of good time, may require less of an adversarial proceeding and necessitate f…
  • United States v. White, 529 F.2d 1390 (8th Cir. 1976)
    …als: 1973-74 Term Criminal Law and Procedure, 63 Geo.L.J. 331, 476 (1975). The Fifth Circuit has suggested that a suspended sentence may be permitted by Argersinger. Cottle v. Wainwright, 477 F. 2d 269, 275 (5th Cir. 1973), vacated on other grounds, 414 U.S. 895, 94 S.Ct. 221, 38 L.Ed.2d 138 (1974). However, on direct appeal we are unwilling to affirm the imposition of a suspended prison sentence since the possibility exists of its ripening into unconstitutional imprisonment.…

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