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Ross Vs. Moffitt

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  • US Supreme Court
  • Jun 17, 1974

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58 entries 7 linked 51 unlinked
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  1. GriffIn Vs. Illinois US Supreme Court · Apr 23, 1956
  2. Rinaldi Vs. Yeager US Supreme Court · May 31, 1966
  3. Draper Vs. Washington US Supreme Court · Mar 18, 1963
  4. Douglas Vs. California US Supreme Court · Mar 18, 1963
  5. Oppenheimer Vs. CaliforniA. US Supreme Court · Jan 01, 1964
  6. Hudson County Water Co. Vs. Mccarter US Supreme Court · Apr 06, 1908
  7. Mckane Vs. Durston US Supreme Court · May 14, 1894
  8. U.S. 600 (1974) U.S. Supreme Court Ross v. Moffitt
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  9. U.S. 600 (1974) Ross v. Moffitt
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  10. far less than the handicap borne by an indigent defendant denied counsel on his initial appeal of right, Douglas v. California
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  11. persons an equal opportunity to enjoy the right is, by Page 417 U. S. 602 its terms, inapplicable. Griffin v. Illinois
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  12. U. S. 12 , and Douglas v. California
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  13. MR. JUSTICE REHNQUIST delivered the opinion of the Court. We are asked in this case to decide whether Douglas v. California
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  14. We granted certiorari, 414 U.S. 1128, to consider the Court of Appeals' decision in light of Douglas v. California
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  15. Court, in the past 20 years, has given extensive consideration to the rights of indigent persons on appeal. In Griffin v. Illinois
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  16. the traditional principle that a State is not obliged to provide any appeal at all for criminal defendants. McKane v. Durston
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  17. U. S. 684 (1894). The cases encompassed a variety of circumstances, but all had a common theme. For example, Lane v. Brown
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  18. If the public defender declined to request one, the indigent prisoner seeking to appeal had no recourse. In Draper v. Washington
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  19. review the determination of frivolousness, since no transcript or its equivalent was made available to him. In Smith v. Bennett
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  20. had required a filing fee in order to process a state habeas corpus application by a convicted defendant, and in Burns v. Ohio
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  21. cut off appeal rights for indigents while leaving open avenues of appeal for more affluent persons. In Douglas v. California
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  22. so long as the result does not amount to a denial of due process or an 'invidious discrimination.' Williamson v. Lee
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  23. to counsel is fundamental and binding upon the States by virtue of the Sixth and Fourteenth Amendments. Gideon v. Wainwright
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  24. without a criminal defendant's consent, it is clear that the State need not provide any appeal at all. McKane v. Durston
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  25. a State then acts unfairly by refusing to provide counsel to indigent defendants at every stage of the way. Douglas v. California
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  26. U.S. at 372 U. S. 357 (Emphasis in original.) The Court in Burns v. Ohio
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  27. San Antonio Independent School District v. Rodriguez
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  28. and that indigents have an adequate opportunity to present their claims fairly within the adversary system. Griffin v. Illinois
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  29. by virtue of his indigency, Lane v. Brown
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  30. in criminal cases to direct appeals taken as of right. Thus, North Carolina has followed the mandate of Douglas v. California
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  31. in every individual case, see Griffin v. Illinois
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  32. may deny certiorari even though it believes that the decision of the Court of Appeals was incorrect, see Peaseley v. Virginia
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  33. the State's appellate process. We think respondent was given that opportunity under the existing North Carolina system. v. Much
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  34. by persons seeking to file jurisdictional statements or petitions for certiorari in this Court. See, e.g., Drumm v. California
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  35. Mooney v. New
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  36. State v. Moffitt
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  37. Pennington v. Pate
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  38. Peters v. Cox
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  39. with the opinion of Chief Judge Haynsworth for a unanimous panel in the Court of Appeals. 483 F.2d 650. In Douglas v. California
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  40. review to a higher court, or to advise his client that such a petition would have no chance of succeeding. Douglas v. California
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  41. it may not be enough simply to assert that there was error in the decision of the court below. Cf. Magnum Import Co. v. Coty
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  42. accuracy, brevity, and clarity in its determination of whether certiorari should be granted. See Furness, Withy & Co. v. Yan-Tsze
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  43. U.S. Supreme Court Ross v. Moffitt
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  44. and Douglas v. California
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  45. of Douglas v. California
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  46. In Griffin v. Illinois
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  47. Lane v. Brown
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  48. In Draper v. Washington
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  49. In Smith v. Bennett
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  50. Burns v. Ohio
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