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5
89 S.Ct. 35
21 L.Ed.2d 5
White, that court nonetheless reaffirmed the judgment below on the ground that
White was not retroactive. Petitioner comes here by petition for a writ of
certiorari. The motion for leave to proceed in forma pauperis and the petition
for a writ of certiorari are granted.
3
The right to counsel at the trial (Gideon v. Wainwright, 372 U.S. 335, 83 S.Ct.
792, 9 L.Ed.2d 799) on appeal (Douglas v. People of State of California, 372
U.S. 353, 83 S.Ct. 814, 6 L.Ed.2d 811) and at the other 'critical' stages of the
criminal proceedings (Hamilton v. State of Alabama, supra) have all been made
retroactive, since the 'denial of the right must almost invariably deny a fair
trial.'* See Stovall v. Denno, 388 U.S. 293, 297, 87 S.Ct. 1967, 1970, 18
L.Ed.2d 1199.
Reversed.
For the distinction drawn between the right-to-counsel cases and those arising
under the Fourth and Fifth Amendments, see also Tehan v. United States ex rel.
Shott, 382 U.S. 406, 416, 86 S.Ct. 459, 465, 15 L.Ed.2d 453.