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Criminal Procedure Spring 2023

Alabama v. Shelton

535 U.S. 654 (2002)

What about Probation cases?  Alabama did not provide a lawyer for Shelton, an indigent defendant, who pled to a suspended jail sentence and probation.

The Supreme Court holds here that a sentence potentially resulting in jail time may not be imposed without counsel appointed.  (If a probationary sentence does not include jail time, it will not run afoul of Shelton.  For example, Federal probationary sentences are stand-alone...  no suspended jail time.)