White v. Maryland

holding that when defendant plead guilty at preliminary hearing in absence of defense counsel, Court did "not stop to determine whether prejudice resulted” | holding that a “preliminary hearing” where the defendant was allowed to enter a plea constitutes a critical stage | holding that any proceeding where a criminal defendant "enter[s] a plea before the magistrate and that plea was taken at a time when he had no counsel,” is presumed to have prejudiced that defendant | holding that any proceeding where a criminal defendant "enter[s] a plea before the magistrate and that plea was taken at a time when he had no counsel," is presumed to have prejudiced that defendant | holding that a preliminary hearing was a critical stage because the “petitioner entered a plea before the magistrate and that plea was taken at a time when he had no coun- sel” | holding that “[w]hatever may be the normal function of the ‘preliminary hearing’ under Maryland law, it was in this case as ‘critical’ a [stage] as arraignment under Alabama law” because “[w]hen arraigned at that preliminary hearing [the unrepresented defendant] pleaded guilty” | noting that a preliminary hearing became a critical stage by virtue of the fact the defendant pleaded guilty | presuming prejudice where defendant pleaded guilty at a preliminary hearing before he was appointed counsel | presuming prejudice where defendant pleaded guilty at a preliminary hearing before he was appointed counsel | making same critical stage finding for preliminary hearings held prior to formal arraignment in Maryland | making same critical stage finding for preliminary hearings held prior to formal arraignment in Maryland | vacating conviction, without regard to showing of prejudice, because defendant did not have counsel at preliminary hearing | presuming prejudice where defendant pleaded guilty at a preliminary hearing before he was appointed counsel | vacating conviction, without regard to showing of prejudice because defendant did not have counsel at preliminary hearing | absence of counsel from arraignment proceeding that affected entire trial because defenses not asserted were irretrievably lost | absence of counsel from arraignment proceeding that affected entire trial because defenses not asserted were irretrievably lost | “[P]etitioner entered a plea before the magistrate and that plea was taken at a time when he had no counsel” | “[P]etitioner entered a plea before the magistrate and that plea was taken at a time when he had no counsel” | preliminary hearing was critical stage of the proceedings when guilty plea was made during hearing that was later entered into evidence against defendant | rule requiring defendant to testify first denied him "the guiding hand of counsel" with respect to a "critical element of his defense” | harmless error analysis not applicable to permanent loss of defenses because of lost opportunity to assert them by reason of absence of counsel at arraignment | harmless error analysis not applicable to permanent loss of defenses because of lost opportunity to assert them by reason of absence of counsel at arraignment | cases dealing with furnishing an indigent with counsel at the preliminary hearing or arraignment stage | cases dealing with furnishing an indigent with counsel at the preliminary hearing or arraignment stage | absence of counsel from arraignment hearing that affected entire trial because defenses not asserted were irretrievably lost | since defendant’s non-binding plea could be used at trial even though withdrawn defendant entitled to counsel | absence of counsel from arraignment proceeding that affected entire trial because defenses not asserted were irretrievably lost | see also Pointer v. State of Texas, 380 U.S. 400, 85 S.Ct. 1065, 13 L.Ed. 2 d 923 (1965), decided since | absence of counsel from arraignment proceeding that affected entire trial because defenses not asserted were irretrievably lost | preliminary hearing is critical stage where incr