Barber v. Page

390 U.S. 719 (1968)

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Nature of the Case

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Facts

Barber (D) and Woods were tried for armed robbery. At a preliminary hearing, Parks represented both Ds. At that hearing, Woods waived his privilege against self-incrimination and Parks withdrew as his attorney but continued to represent D. At that hearing Woods incriminated D, but Parks did not cross-examine although a lawyer for D did so. When D was tried seven months later, Woods was in prison 225 miles away in Texas. Over D's objection, the transcript of the preliminary hearing was introduced. D was convicted and lost his appeals in the Oklahoma state system and applied for habeas corpus, and he lost at the District Court and the appeals court.