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Martinez Vs. Court of Appeal of Cal., Fourth Appellate Dist.

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  • US Supreme Court
  • Nov 09, 1999

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70 entries 8 linked 62 unlinked
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  1. Johnson Vs. Zerbst US Supreme Court · May 23, 1938
  2. Gideon Vs. Wainwright US Supreme Court · Mar 18, 1963
  3. Argersinger Vs. Hamlin US Supreme Court · Jun 12, 1972
  4. Ross Vs. Moffitt US Supreme Court · Jun 17, 1974
  5. United States Vs. Gillis US Supreme Court · Jan 01, 1877
  6. Mckaskle Vs. Wiggins US Supreme Court · Jan 23, 1984
  7. Price Vs. Johnston US Supreme Court · May 24, 1948
  8. Schwab Vs. Berggren US Supreme Court · Feb 29, 1892
  9. Martinez v. Court
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  10. of Appeal of Cal., Fourth Appellate Dist. - 528 U.S. 152 (1999) OCTOBER TERM, 1999 Syllabus MARTINEZ v. COURT
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  11. based on its prior holding that there is no constitutional right to selfrepresentation on direct appeal under Faretta v. California
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  12. indigent defendant in a criminal trial has a constitutional right to the assistance of appointed counsel, see Gideon v. Wainwright
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  13. the Amend- 153 ment deals strictly with trial rights and does not include any right to appeal, see Abney v. United
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  14. the right to the assistance of counsel before he can be validly convicted and punished by imprisonmenU In Faretta v. California
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  15. filed a brief for the National Association of Criminal Defense Lawyers as amicus curiae. 1 See, e. g., Powell v. Alabama
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  16. People v. Scott
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  17. state and federal courts have expressed conflicting views.2 526 U. S. 1064 (1999). We now affirm. 2 Compare Myers v. Collins
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  18. Campbell v. Blodgett
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  19. Chamberlain v. Ericksen
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  20. must be honored out of 'that respect for the individual which is the lifeblood of the law.' Illinois v. Allen
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  21. Commonwealth v. Rogers
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  22. State v. Van
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  23. Webb v. State
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  24. S. W. 2d 780, 784 (Tex. Crim. App. 1976) (same), with United States v. Gillis
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  25. Lumbert v. Finley
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  26. Hill v. State
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  27. State v. Gillespie
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  28. was often employed by the prosecution as a sword. The principal case cited in Faretta is illustrative. In Adams v. United
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  29. represent himself was often the predicate for upholding the waiver of an important right. See, e. g., Mackreth v. Wilson
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  30. Lockard v. State
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  31. People v. Nelson
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  32. Allen v. Commonwealth
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  33. Westberry v. State
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  34. State v. Hollman
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  35. right of defendant to represent himself used as basis for finding he had no right to appointed counsel). But see State v. Thomlinson
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  36. State v. Penderville
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  37. Cappetta v. State
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  38. So. 2d 913, 918 (Fla. App. 1967) (same), rev'd, State v. Cappetta
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  39. Fla. 1968) (finding voluntary and intelligent waiver of right to proceed pro se). 5 See, e. g., SEe v. Sloan
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  40. Abney v. United
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  41. to the appellate process, because there was no appeal from a criminal conviction in England until 1907. See Griffin v. Illinois
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  42. an indigent appellant has placed any reliance on either the Sixth Amendment or on Faretta. See, e. g., Douglas v. California
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  43. at 817, it is clear that it is representation by counsel that is the standard, not the exception. See Patterson v. Illinois
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  44. certain cases is akin to allowing the defendant to waive his right to a fair trial. See, e. g., United States v. Farhad
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  45. after Faretta, 6 Seton Hall Const. L. J. 483, 598 (1996). 162 422 U. S., at 835 (quoting Johnson v. Zerbst
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  46. that the defendant is representing himself. McKaskle v. Wiggins
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  47. decision whether to allow a pro se appellant to participate in, or even to be present at, oral argument. Price v. Johnston
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  48. limited by the well-established conclusions that he has no right to be present during appellate proceedings, Schwab v. Berggren
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  49. States as well, seem to protect the ability of indigent litigants to make pro se filings. See, e. g., People v. Wende
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  50. see also Anders v. California
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