douglas california argued april decided march california state petitioners tried jointly convicted felonies sentenced imprisonment exercising right appeal right appealed intermediate appeals indigent applied appointment counsel assist appeal accordance state rule criminal procedure made ex parte examination record determined appointment counsel petitioners advantage defendant helpful appellate denied appointment counsel appeal heard without assistance counsel convictions affirmed state denied discretionary review held merits one appeal indigent right decided without benefit counsel state criminal case discrimination rich poor violates fourteenth amendment pp cal app cal rptr judgment vacated cause remanded marvin mitchelson burton marks reargued cause petitioners briefs wirin fred okrand nanette dembitz william james assistant attorney general california jack goertzen deputy attorney general argued cause respondent briefs stanley mosk attorney general justice douglas delivered opinion petitioners bennie meyes william douglas jointly tried convicted california information charging felonies single public defender appointed represent commencement trial defender moved continuance stating case complicated prepared felt handling different defense every day conflict interest petitioners requiring appointment separate counsel motion denied thereafter petitioners dismissed defender claiming unprepared renewed motions separate counsel continuance motions also denied petitioners ultimately convicted jury felonies included robbery assault deadly weapon assault intent commit murder given prison terms appealed right california district appeal affirmed convictions cal app cal rptr meyes douglas petitioned discretionary review california petitions denied without hearing cal app cal granted certiorari although several questions presented petition certiorari address one record shows petitioners requested denied assistance counsel appeal even though plainly appeared indigents denying petitioners requests california district appeal stated gone record come conclusion good whatever served appointment counsel cal app cal rptr district appeal acting accordance california rule criminal procedure provides state appellate courts upon request indigent counsel may make independent investigation record determine whether advantage defendant helpful appellate counsel appointed investigation appellate courts appoint counsel opinion helpful defendant deny appointment counsel judgment appointment value either defendant people hyde cal agree however justice traynor california said enial counsel appeal indigent seem discrimination least invidious condemned griffin illinois people brown cal concurring opinion griffin illinois held state may grant appellate review way discriminate convicted defendants account poverty draper washington post right free transcript appeal issue issue whether indigent shall denied assistance counsel appeal either case evil discrimination indigent equal justice kind appeal man enjoys depends amount money griffin illinois supra spite california forward treatment indigents present practice type appeal person afforded district appeal hinges upon whether pay assistance counsel appellate passes merits case full benefit written briefs oral argument counsel appellate forced prejudge merits even determine whether counsel provided stage proceedings barren record speaks indigent unless printed pages show injustice committed forced go without champion appeal real chance may showing appeal hidden merit deprived decides ex parte examination record assistance counsel required concerned problems might arise denial counsel preparation petition discretionary mandatory review beyond stage appellate process claims presented lawyer passed upon appellate dealing first appeal granted matter right rich poor alike cal penal code criminal conviction need decide whether california provide counsel indigent seeking discretionary hearing california district appeal sustained conviction see cal art vi cal rules appeal rules whether counsel must appointed indigent seeking review appellate affirmance conviction appeal right petition writ certiorari lies within discretion appropriate observe state consistently fourteenth amendment provide differences long result amount denial due process invidious discrimination williamson lee optical griffin illinois supra absolute equality required lines drawn often sustain see tigner texas goesaert cleary merits one appeal indigent right decided without benefit counsel think unconstitutional line drawn rich poor indigent forced run gantlet preliminary showing merit right appeal comport fair procedure federal courts hand indigent must afforded counsel appeal whenever challenges certification appeal taken good faith johnson federal courts must honor request counsel regardless think merits case may representation role advocate required ellis california however gone record denied counsel indigent recourse prosecute appeal best matter meritorious case may turn present case counsel denied petitioners appeal shows discrimination possibly good obviously bad cases cases rich man require listen argument counsel deciding merits poor man lacking equality demanded fourteenth amendment rich man appeals right enjoys benefit counsel examination record research law marshalling arguments behalf indigent already burdened preliminary determination case without merit forced shift indigent record unclear errors hidden right meaningless ritual rich man meaningful appeal vacate judgment district appeal remand case proceedings inconsistent opinion ordered footnotes society acts deprive one members life liberty property takes awesome steps general respect adherence law whole well expected without judicial recognition paramount need prompt eminently fair sober criminal law procedures methods employ enforcement criminal law aptly called measures quality civilization may judged coppedge justice clark dissenting adhere vote griffin illinois always understood case control state obligation furnish record indigent appeal took pains point state free find means affording adequate effective appellate review indigent defendants california done procedure furnishing attorneys indigents appeal know overwhelming percentage forma pauperis appeals frivolous statistics show petitions filed variety california light like experience provided upon filing application appointment counsel district appeal shall make independent investigation record determine whether advantage defendant helpful appellate counsel appointed people hyde cal california courts examining record certified appointment neither advantageous petitioners helpful therefore refused go useless gesture appointing attorney view neither equal protection clause due process clause requires understand says procedure afforded petitioners meaningless ritual appoint attorney utter extravagance waste state funds surely meaningless petitioners new fetish indigency piles intolerable burden state judicial machinery indeed correct may first clean house afforded indigent litigants much less protection california last term received forma pauperis applications none appointed attorneys required record appeals right still denied petitions dismissed appeals moving papers alone time hundreds paid cases permitted petitions appeals filed records briefs counsel disposed due course hand california furnishes indigent complete record counsel requested requires appellate courts either appoint counsel make independent investigation record determine whether advantage defendant helpful counsel appointed unlike lane brown decided today post decision matters placed unreviewable discretion public defender appointed counsel made appellate california concern rights indigents clearly revealed people hyde supra although public defender undertaken prosecution appeal district appeal nevertheless referred application counsel record los angeles bar association one members reviewed papers certified meritorious ground appeal disclosed despite california district appeal made independent examination record old adage good mother used quote people live glass houses best throw stones dissent statistics office clerk reveal term forma pauperis petitions certiorari granted forma pauperis appeals one summarily dismissed crucial question course effectiveness appellate review unquestionably provided lane brown post unreviewable decision public defender precluded appellate review indiana law fairness effectiveness appellate review compared griffin illinois state conceded necessity transcript adequate review alleged trial errors case compare statement district appeal affirming briefs filed meyes douglas adopted conform rules respects well written present possible points clearly ably abundant citation pertinent authorities doubt prepared one well versed criminal law procedure brief writing prejudicial error appointing counsel defendants appeal cal app cal rptr justice harlan justice stewart joins dissenting holding indigent absolute right appointed counsel appeal state criminal conviction appears rely equal protection clause guarantees fair procedure inherent due process clause fourteenth amendment obvious emphasis equal protection view equal protection clause apposite application cases like present one lead mischievous results case judged solely due process clause believe california procedure violates provision equal protection course prohibited equal protection clause discriminating rich poor formulation application laws far different thing suggest provision prevents state adopting law general applicability may affect poor harshly rich hand making effort redress economic imbalances eliminating entirely every financial exaction state imposes uniform basis easily satisfied indigent yet take one dispute constitutional power state levy uniform sales tax charge tuition state university fix rates purchase water municipal corporation impose standard fine criminal violations establish minimum bail various categories offenses contended state may classify crimes acts poor likely commit rich surely basis attacking state law provided benefits needy simply benefits fell short goods services others purchase laws deny equal protection less fortunate one essential reason equal protection clause impose affirmative duty lift handicaps flowing differences economic circumstances construe read constitution philosophy leveling foreign many basic concepts proper relations government society state may moral obligation eliminate evils poverty required equal protection clause give whatever others afford thus apparent present case draper washington post lane brown post decided today one properly regarded arising clause california discriminate rich poor uniform policy permitting everyone appeal retain counsel separate rule dealing standards appointment counsel unable retain attorneys sole classification established rule cases believed merit regarded frivolous course matter far state rule might go providing counsel indigents never expected satisfy affirmative duty one existed place poor level afford best legal talent available parenthetically noted present problem may viewed one equal protection may question right appointed counsel trial analysis right gideon wainwright ante decided today wholly unnecessary short way dispose gideon wainwright words simply say state deprives indigent equal protection whenever fails furnish legal services perhaps services well equivalent affluent defendant obtain real question case submit one permits satisfactory analysis whether state rule applied case consistent requirements fair procedure guaranteed due process clause course considering question must lost sight state responsibility due process clause provide justice refusal furnish criminal indigents things others afford may fall short constitutional standards fairness problem us whether case due process precisely towards providing adequate appellate review part concedes california forward treatment indigents state formulated system today strikes system requires state appellate courts appoint counsel appeal indigent defendant except judgment appointment value either defendant people hyde cal judgment reached independent investigation trial record reviewing even counsel denied full appeal merits accorded indigent appellant together statement reasons counsel assigned nothing present case case cited us indicate system resulted injustice quite contrary every reason believe california appellate courts made painstaking effort apply rule fairly live state mandate see discussion people vigil cal app cal rptr today held case one us absolute right services counsel trial gideon wainwright ante appellate procedures involved stand entirely different constitutional footing first appellate review required fourteenth amendment mckane durston see griffin illinois supra thus question presented narrow one whether state rules respect appointment counsel arbitrary unreasonable context particular appellate procedure established require invalidation second kinds questions may arise appeal circumscribed record proceedings led conviction encompass large variety tactical strategic problems must resolved trial third california applies rule indigent appellant receives benefit expert conscientious legal appraisal merits case basis trial record whether assigned counsel guaranteed full consideration appeal painting broad brush conclude circumstances appeal like trial finds constitutionally offensive california procedure bears striking resemblance rules many state courts last resort petitions certiorari leave appeal filed indigent defendants pro se practice appears petition certiorari case merits review leave proceed forma pauperis granted case transferred appellate docket counsel appointed since review generally discretionary since often even given benefit record proceedings disadvantages indigent petitioner might regarded substantial california conscientiously committed great principle equal justice law never deemed constitutionally required appoint counsel assist preparation pro se petitions certiorari currently filed term know experience appellate courts generally go way give fair consideration unrepresented distinguishes review present case grounds california rule relates first appeal granted matter right ante fail see significance difference surely contended requirements fair procedure exhausted indigent given one appellate review cf lane brown post well suggested appointed counsel necessary fair administration justice initial appeal taken matter right reviewing full record already determined frivolous petition asking higher appellate exercise discretion consider may substantial constitutional claim indication record state cases cited us california procedure differs material respect screening appeals federal criminal cases prescribed recently last term coppedge occasion pass upon application statute although decision established stringent restrictions power federal courts reject application leave appeal forma pauperis nonetheless recognized federal courts prevent needless expenditure public funds summarily disposing frivolous appeals indeed respects california outdone federal system since provides transcript appeal merits cases matter frivolous agree constitution prohibits state seeking redress economic imbalances bar justice provide indigents full review taking reasonable steps guard needless expense california done accordingly affirm state judgment majority griffin appeared rely blend equal protection due process clauses arriving result far result case rested due process grounds fully accept authority griffin griffin illinois supra dissenting opinion writer california law provides counsel appointed appeal shall fix reasonable fee paid state california penal code course clear may require state compel attorneys donate services petitioners also contend denied effective assistance counsel trial claim view without merit reading record leaves little doubt petitioners dismissal appointed counsel efforts obtain continuance designed delay proceedings likelihood manufacture appealable issue moreover trial acted well within constitutional bounds denying claim conflict interest douglas meyes required separate appointed attorney