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Alford v. State

The habeas court erred in denying defendant's petition for relief, because the U.S. Supreme Court's decision in Alabama v. Shelton, requiring knowing and intelligent waiver of counsel even in cases where the sentence does not result in incarceration, applied retroactively to the defendant's case.

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Following a bench trial on February 13, 1995, Antonio Alford was convicted of DUI and for being a minor in possession of alcohol. Alford was sentenced to 12 months probation. He was not represented by counsel. Alford filed a habeas corpus petition challenging his DUI and possession convictions on the ground that he was entitled to, and denied, counsel. The habeas court determined that Alford was not entitled to legal representation because he was sentenced only to probation and no term of imprisonment.

We granted a certificate of probable cause to determine whether Alabama v. Shelton , 535 U. S. 654 122 SC 1764, 152 LE2d 888 2002 applies retroactively to Alford’s convictions because Alford was unrepresented by counsel. We hold that it does.

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