Billy Ray Powell v. Carl G. Hocker, Warden
Opinion
Opinion
Choy, J.
Billy Ray Powell was seventeen years of age when he was charged on March 3, 1966 with burglary, carrying a concealed weapon, and violation of curfew.
Several days later, Powell and his parents received a notice that they were to appear on March 31, 1966 in the Juvenile Court of Clark County, Nevada. The purpose of the hearing, as announced in the notice, was “consideration” of the charges.
The Powells appeared on the designated date, without an attorney representing them. They were not told that Powell was entitled to counsel. After a brief statement, the juvenile court judge certified Powell to be tried as an adult. This decision was made without an investigation required by Nevada law.
Powell was represented by counsel when, in adult criminal court, he pleaded guilty to a charge of burglary. He was sentenced to a term of one to fifteen years.
Powell made two attacks on his conviction by appeal and by petition for ha-beas corpus to the Nevada Supreme Court. In the decision pertinent here, the Nevada Supreme Court denied Powell’s claim that he was deprived of the right to counsel at the certification hearing.