First, appellate review is in itself not required by the Fourteenth Amendment, McKane v. Durston, 153 U. S. 684; see Griffin v. Illinois, supra, at 351 U. S. 18, and thus the question presented is the narrow one whether the State's rules with respect to the appointment of counsel are so arbitrary or unreasonable, in the context of the particular appellate procedure that it has established, as to require their invalidation. Hughes • This judgment can be reached only after an independent investigation of the trial record by the reviewing court. 188, 195. MILLER v. CALIFORNIA(1973) No. The real question in this case, I submit, and the only one that permits of satisfactory analysis, is whether or not the state rule, as applied in this case, is consistent with the requirements of fair procedure guaranteed by the Due Process Clause. and remandedTo return a case or claim to a lower court for additional proceedings..[1]. App. And surely, there would be no basis for attacking a state law which provided benefits for the needy simply because those benefits fell short of the goods or services that others could purchase for themselves. That system requires the state appellate courts to appoint counsel on appeal for any indigent defendant except 'if in their judgment such appointment would be of no value to either the defendant or the court.' Does the Sixth Amendment right to counsel extend to an obligatory appeal as a matter of right in state court. Duvall • The issues joined upon a cross-complaint are completely severable from the issues upon the original complaint and answer. App. In Lane v. Brown, 372 U.S. 477, 83 S.Ct. Rptr. The judge granted this motion, but denied the petitionersParties presenting a petition to an appellate court for relief on appeal.' . 2d 113, 116 [56 P.2d 950]; Meier v. Superior Court, 55 Cal. In accordance with a state rule of criminal procedure, that court made an ex parte examination of the record, determined that appointment of counsel for petitioners would not be "of advantage to the defendant or helpful to the appellate court," and denied appointment of counsel. Written and curated by real attorneys at Quimbee. Brief Fact Summary. There, as in Draper v. Washington, 372 U.S. 487, 83 S.Ct. 792, is wholly unnecessary. 879, 84 L.Ed. [3] Where a cross-complaint is filed there are two simultaneous actions pending between the parties wherein each is at the same time both a plaintiff and a defendant. Sanford • First, appellate review is in itself not required by the Fourteenth Amendment, McKane v. Durston, 153 U.S. 684, 14 S.Ct. Nor could it be contended that the State may not classify as crimes acts which the poor are more likely to commit than are the rich. While the notation of a denial of hearing by the California Supreme Court indicates that only Meyes petitioned that Court for a hearing, and is silent as to Douglas' attempts at further review, the record shows that the petition for review was expressly filed on behalf of Douglas as well. California's concern for the rights of indigents is clearly revealed in People v. Hyde, supra. But I fail to see the significance of this difference. But as conscientiously committed as this Court is to the great principle of "Equal Justice Under Law," it has never deemed itself constitutionally required to appoint counsel to assist in the preparation of each of the more than 1,000 pro se petitions for certiorari currently being filed each Term. What the Court finds constitutionally offensive in California's procedure bears a striking resemblance to the rules of this Court and many state courts of last resort on petitions for certiorari or for leave to appeal filed by indigent defendants pro se. There, although the Public Defender had not undertaken the prosecution of the appeal, the District Court of Appeal nevertheless referred the application for counsel and the record to the Los Angeles Bar Association. Parties presenting a petition to an appellate court for relief on appeal. Thus it should be apparent that the present case, as with Draper v. Washington, 372 U.S. 487, 83 S.Ct. Nelson • In Douglas v. California, 372 U.S. 353 (1963), decided the same day as Gideon v. Wainwright, 372 U.S. 335 (1961), the Supreme Court held that the right to the assistance of counsel at state expense applied to defendants on a first level of appeal, extending Gideon to the first stage of appeal. We need not now decide whether California would have to provide counsel for an indigent seeking a discretionary hearing from the California Supreme Court after the District Court of Appeal had sustained his conviction (see Cal.Const., Art. Subscribe to Justia's Free Summaries Here, California has done just that in its procedure for furnishing attorneys for indigents on appeal. If he can, the appellate court passes on the merits of his case only after having the full benefit of written briefs and oral argument by counsel. A single. 695; Anno. 2d 64, 71, 9 Cal. Griffin v. Illinois, supra, at p. 19, 76 S.Ct., at p. 591. Meyers and Douglas (defendant) were jointly tried and convicted of 13 different felonies. We should know from our own experience that appellate courts generally go out of their way to give fair consideration to those who are unrepresented. Held: Where the merits of the one and only appeal an indigent has as of right were decided without benefit of counsel in a state criminal case, there has been a discrimination between the rich and the poor which violates the Fourteenth Amendment.

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