Opinion
Submitted July 9, 1964
Decided July 10, 1964
Motion to amend remittitur granted. Motion for stay denied. Return of remittitur requested and, when returned, it will be amended by adding thereto the following: Upon the appeal herein there was presented and necessarily passed upon a question under the Constitution of the United States, viz.: Whether the rights of defendant under the Fifth, Sixth and Fourteenth Amendments were violated. Defendant claims that, although he was represented by counsel at the time he entered the plea of guilty, he was denied the effective assistance of counsel and denied due process of law in violation of the Fifth, Sixth and Fourteenth Amendments of the Constitution of the United States, when his defense counsel assists and permits defendant to plead guilty when it is claimed that counsel knew that defendant denied his guilt. The Court of Appeals held that there was no denial of defendant's constitutional rights.