In Avery v. Alabama (1939), the U.S. Supreme Court examined whether a defendant's Fourteenth Amendment rights were violated when his counsel was not given sufficient time to prepare for trial, resulting in an unfair trial. The case involved Robert Avery, an African American man convicted of murder and sentenced to death by an Alabama court after being provided with legal representation only two days before his trial began. His attorneys argued that they did not have adequate time to review evidence or prepare a defense strategy due to this short notice period. The Supreme Court held that while the right to counsel is essential under the Constitution, it does not guarantee effective assistance of counsel if there isn't enough preparation time allowed for proper defense planning and execution. However, in this particular case, the justices found no violation of Avery’s constitutional rights as they believed there was no proof showing that more preparation would have changed the outcome of his trial.

In the dissenting opinion for Avery v. Alabama, Justice Black argued that the defendant was denied his constitutional right to a fair trial because he did not have adequate time or opportunity to consult with his counsel before and during the trial. He believed that this lack of consultation violated both due process and equal protection clauses of the Fourteenth Amendment. The justice emphasized that effective assistance from counsel is crucial in ensuring fairness in criminal trials, especially when defendants face serious charges like murder. He also noted that it's not enough for defendants just to be represented by an attorney; they must also have meaningful access to their attorneys' advice and expertise throughout all stages of legal proceedings.