High Court Upholds Negro's Defense in Misdemeanor
Press Release
June 21, 1969
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Press Releases, Volume 6. High Court Upholds Negro's Defense in Misdemeanor, 1969. 03f2fa8e-b992-ee11-be37-00224827e97b. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/162df4ec-763e-4ffe-9130-05201d455919/high-court-upholds-negros-defense-in-misdemeanor. Accessed November 05, 2025.
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President
Hon. Francis E. Rivers
PRESS RELEASE Director-Counsel
egal fefense lund Jack Greenberg
Director, Public Relations
NAACP LEGAL DEFENSE AND EDUCATIONAL FUND, INC. Nome Devernin
10 Columbus Circle, New York, N.Y. 10019 * JUdson 6-8397 ¢ NIGHT NUMBER 212-749-8487
FOR RELEASE
SATURDAY
June 21, 1969
HIGH COURT UPHOLDS NEGRO'S
DEFENSE IN MISDEMEANOR
WASHINGTON, D.C.---The case of an Arkansas Negro who was convicted on
a morals offense led the U.S. Supreme Court to affirm this week that
persons charged with a misdemeanor must be provided legal counsel at
state expense.
Arkansas, Iowa, Nebraska, North and South Dakota, and Missouri
are affected by the court's action.
The High Court's response was the result of the NAACP Legal
Defense and Educational Fund's (LDF) defense of Robert Winters of
Little Rock.
Winters, found guilty of a morals offense involving a white
woman, was first sentenced to 30 days in jail and fined $254 court
cost. But, being poor, he had no money to pay the fine.
Thus, as is the practice in Arkansas and some other states, he
was sentenced to 284 days on the county penal farm towork off the
fine at the rate of $1.00 a day.
He was strapped with this sentence without benefit of a lawyer.
LDF learned later that no one had informed him of his constitutional
right to legal counsel.
After his imprisonment, Winters filed for a writ of habeas
corpus in the Little Rock municipal and circuit courts asking relief
against his unconstitutional restraint, conviction, sentence and fine.
Nonetheless, both courts denied his request.
The United States District Court in Arkansas ordered Winters'
release and the U.S. Court of Appeals in St. Louis rejected the
state's appeal. On Monday, the Supreme Court of the United States
refused to review the case.
LDF attorney Michael Meltsner, arguing Winters' case in the
appeals court, said Winters' sentence to a penal farm "constituted
imprisonment for no other reason than poverty."
Mr. Meltsner contended that because neither the judge nor
anybody else informed Winters of his right to legal counsel, the
local court deprived him of his rights guaranteed under the
Fourteenth Amendment of the Constitution.
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