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Douglas Vs. California

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  • US Supreme Court
  • Mar 18, 1963

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  1. GriffIn Vs. Illinois US Supreme Court · Apr 23, 1956
  2. Goesaert Vs. Cleary US Supreme Court · Dec 20, 1948
  3. U.S. 353 (1963) U.S. Supreme Court Douglas v. California
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  4. U.S. 353 (1963) Douglas v. California
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  5. People v. Hyde
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  6. would seem to be a discrimination at least as invidious as that condemned in Griffin v. Illinois
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  7. People v. Brown
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  8. Cal.2d 64, 71, 9 Cal.Rptr. 816, 357 P.2d 1072, 1076 (concurring opinion). In Griffin v. Illinois
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  9. in such a way as to discriminate against some convicted defendants on account of their poverty. There, as in Draper v. Washington
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  10. Williamson v. Lee
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  11. lines can be and are drawn, and we often sustain them. See Tigner v. Texas
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  12. afforded counsel on appeal whenever he challenges a certification that the appeal is not taken in good faith. Johnson v. United
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  13. Ellis v. United
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  14. Coppedge v. United
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  15. U. S. 438 , 369 U. S. 449 . MR. JUSTICE CLARK, dissenting. I adhere to my vote in Griffin v. Illinois
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  16. whether it would be of advantage to the defendant or helpful to the court to have counsel appointed. Unlike Lane v. Brown
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  17. California's concern for the rights of indigents is clearly revealed in People v. Hyde
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  18. question here is, of course, the effectiveness of the appellate review which was unquestionably provided. In Lane v. Brown
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  19. review under Indiana law. As to the fairness and effectiveness of the appellate review here as compared with Griffin v. Illinois
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  20. Clause is, I submit, but to substitute resounding phrases for analysis. I dissented from this approach in Griffin v. Illinois
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  21. to give to some whatever others can afford. Thus it should be apparent that the present case, as with Draper v. Washington
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  22. U. S. 487 , and Lane v. Brown
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  23. so may the question of the right to appointed counsel at trial, and the Court's analysis of that right in Gideon v. Wainwright
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  24. U. S. 335 , is wholly unnecessary. The short way to dispose of Gideon v. Wainwright
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  25. whether or not counsel ought to be appointed denies to no one the right to appeal. This is not a case, like Burns v. Ohio
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  26. or statute bars all consideration of the merits of an appeal unless docketing fees are prepaid. Nor is it like Griffin v. Illinois
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  27. live up to the State Supreme Court's mandate. See, e.g., the discussion Page 372 U. S. 365 in People v. Vigil
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  28. held that in a case such as the one before us, there is an absolute right to the services of counsel at trial. Gideon v. Wainwright
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  29. constitutional footing. First, appellate review is in itself not required by the Fourteenth Amendment, McKane v. Durston
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  30. Griffin v. Illinois
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  31. that the requirements of fair procedure are exhausted once an indigent has been given one appellate review. Cf. Lane v. Brown
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  32. As recently as last Term, in Coppedge v. United
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  33. U.S. Supreme Court Douglas v. California
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  34. In Griffin v. Illinois
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  35. Draper v. Washington
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  36. See Tigner v. Texas
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  37. Johnson v. United
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  38. Unlike Lane v. Brown
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  39. In Lane v. Brown
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  40. and Lane v. Brown
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  41. Gideon v. Wainwright
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  42. of Gideon v. Wainwright
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  43. Burns v. Ohio
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  44. People v. Vigil
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  45. the Fourteenth Amendment, McKane v. Durston
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  46. Cf. Lane v. Brown
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