GPO-CONAN-2017-10-15.pdf

2145 this right may not be denied by draw ing a

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2145 This right may not be denied by draw- ing a felony-misdemeanor distinction or by limiting it to those cases 2139 372 U.S. at 363–67. 2140 Evitts v. Lucey, 469 U.S. 387, 405 (1985) (holding that due process requires that counsel provided for appeals as of right must be effective). 2141 Rinaldi v. Yeager, 384 U.S. 305, 310 (1966). 2142 Draper v. Washington, 372 U.S. 487, 496 (1963). 2143 Burns v. Ohio, 360 U.S. 252 (1959); Douglas v. Green, 363 U.S. 192 (1960). 2144 Smith v. Bennett, 365 U.S. 708 (1961). 2145 Griffin v. Illinois, 351 U.S. 12 (1956); Eskridge v. Washington Prison Bd., 357 U.S. 214 (1958) (unconstitutional to condition free transcript upon trial judge’s certification that “justice will thereby be promoted”); Draper v. Washington, 372 U.S. 487 (1963) (unconstitutional to condition free transcript upon judge’s certification that the allegations of error were not “frivolous”); Lane v. Brown, 372 U.S. 477 (1963) (unconstitutional to deny free transcript upon determination of public defender that appeal was in vain); Long v. District Court, 385 U.S. 192 (1966) (indigent prisoner entitled to free transcript of his habeas corpus proceeding for use on appeal of ad- verse decision therein); Gardner v. California, 393 U.S. 367 (1969) (on filing of new habeas corpus petition in appellate court upon an adverse nonappealable habeas rul- ing in a lower court where transcript was needed, one must be provided an indigent prisoner). See also Rinaldi v. Yeager, 384 U.S. 305 (1966). For instances in which a 2231 AMENDMENT 14—RIGHTS GUARANTEED
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in which confinement is the penalty. 2146 A defendant’s right to coun- sel is to be protected as well as the similar right of the defendant with funds. 2147 The right to counsel on appeal necessarily means the right to effective assistance of counsel. 2148 But, deciding a point left unresolved in Douglas , the Court held that neither the Due Process nor the Equal Protection Clause re- quires a state to furnish counsel to a convicted defendant seeking, after he had exhausted his appeals of right, to obtain discretionary review of his case in the state’s higher courts or in the United States Supreme Court. Due process does not require that, after an appeal has been provided, the state must always provide counsel to indigents at every stage. “Unfairness results only if indigents are singled out by the State and denied meaningful access to that system because of their poverty.” That essentially equal protection issue was de- cided against the defendant in the context of an appellate system in which one appeal could be taken as of right to an intermediate court, with counsel provided if necessary, and in which further ap- peals might be granted not primarily upon any conclusion about the result below but upon considerations of significant impor- tance. 2149 Not even death row inmates have a constitutional right transcript was held not to be needed, see Britt v. North Carolina, 404 U.S. 266 (1971); United States v. MacCollom, 426 U.S. 317 (1976).
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