martinez appeal california fourth appellate district argued november decided january accused converting client money use employed paralegal petitioner martinez charged california grand theft fraudulent appropriation another property chose represent trial jury acquitted theft convicted embezzlement filed timely notice appeal motion represent waiver counsel california appeal denied motion represent based prior holding constitutional right direct appeal faretta california held criminal defendant constitutional right conduct defense trial voluntarily intelligently elects proceed without counsel state explained right counsel appeal stems due process equal protection clauses fourteenth amendment sixth amendment faretta based held denial level violate due process equal protection california denied martinez application writ mandate held neither faretta holding reasoning requires state recognize constitutional right direct appeal criminal conviction although faretta reasoning applicable appellate proceedings well trials significant distinctions first historical evidence faretta relied identifying right useful pertained times lawyers scarce often mistrusted readily available average person accused crime whereas since recognized every indigent defendant criminal trial constitutional right assistance appointed counsel see gideon wainwright moreover unlike right recognized faretta historical evidence provide support affirmative constitutional right appellate second faretta reliance sixth amendment structure interpreted light english colonial background relevant amendment deals strictly trial rights include right appeal see abney necessarily follows amendment provide basis finding right appellate faretta inquiries historical english practices provide basis extending case appellate process appeal criminal conviction england third although faretta conclusion knowing intelligent waiver right trial counsel must honored respect individual autonomy also applicable appellate context recognized right absolute see given conclusion sixth amendment apply appellate proceedings individual right appeal based autonomy principles must grounded due process clause practices prevailing nation today entirely unpersuaded risk disloyalty attorney suspicion disloyalty underlies constitutional right trial see sufficient concern conclude right necessary component fair appellate proceeding clearly within discretion conclude government interests ensuring integrity efficiency appellate process outweigh invasion appellant interest although narrow holding preclude recognizing constitutional right appellate constitutions pp affirmed stevens delivered opinion rehnquist kennedy souter thomas ginsburg breyer joined kennedy breyer filed concurring opinions scalia filed opinion concurring judgment salvador martinez petitioner appeal california fourth appellate district writ certiorari california january justice stevens delivered opinion sixth fourteenth amendments constitution guarantee person brought trial state federal must afforded right assistance counsel validly convicted punished imprisonment faretta california decided defendant also constitutional right proceed without counsel voluntarily intelligently elects although statement arguably embraces entire judicial proceeding also phrased question whether state may constitutionally hale person criminal courts force lawyer upon even insists wants conduct defense ibid conclusion faretta extended defendant constitutional right conduct defense accordingly specific holding confined right defend oneself trial address different question whether reasoning support holding also applies defendant becomes appellant assumes burden persuading reviewing conviction reversed concluded martinez describes paralegal years experience different law firms see app employed office assistant firm santa ana california martinez accused converting client money use charged information grand theft fraudulent appropriation property another chose represent trial jury claimed attorney earth believe saw past criminal record jury acquitted count grand theft convicted count embezzlement jury also found three prior convictions accordingly california three strikes law imposed mandatory sentence prison see cal penal code west martinez filed timely notice appeal well motion represent waiver counsel california appeal denied motion california denied application writ mandate california issue opinion case appeal previously explained constitutional right initial appeal right right counsel appeal stems due process equal protection clauses fourteenth amendment sixth amendment foundation faretta based denial level violate due process equal protection guarantees people scott cal app cal rptr granted certiorari martinez raised question state federal courts expressed conflicting views affirm ii faretta majority based conclusion three arguments first examined historical evidence identifying right protected federal state law since beginning nation second interpreted structure sixth amendment light english colonial background third concluded even though undeniable criminal prosecutions defendants better defend counsel guidance unskilled efforts knowing intelligent waiver must honored respect individual lifeblood law illinois allen faretta reasoning applicable appellate proceedings well trials however significant distinctions historical evidence relied upon faretta identifying right always useful pertained times lawyers scarce often mistrusted readily available average person accused crime one obtain lawyer feasible alternative asserting defense thus government recognition indigent defendant right represent comparable bestowing upon homeless beggar right take shelter sewers paris surprisingly early precedent demonstrates right always used defendant advantage shield rather often employed prosecution sword principal case cited faretta illustrative adams ex rel mccann relied existence right basis finding unrepresented defendant waived right trial jury since recognized however indigent defendant criminal trial constitutional right assistance appointed counsel see gideon wainwright thus individual decision represent longer compelled necessity choosing incompetent nonexistent representation rather likely reflects genuine desire conduct cause words faretta omitted therefore faretta correct concluding abundant support proposition right recognized centuries original reasons protecting right force availability competent counsel every indigent defendant displaced need although always desire scant historical evidence pertaining issue appeal even less helpful faretta relied upon description right judiciary act stat parties may plead manage causes personally assistance counsel arguable language encompasses appeals well trials assuming apply appellate proceedings however statutory right expressly limited phrase rules said courts stat appellate courts maintained discretion allow litigants manage causes litigants done effectively opportunity however consistently subject rules aware historical consensus establishing right appeal might nonetheless paraphrase faretta assert state colony ever forced counsel upon convicted appellant spokesman ever suggested practice tolerable advisable negative historical evidence meaningful faretta fact dog barked arguably demonstrated early lawmakers intended preserve right trial ibid historical silence however probative force appellate context simply right appeal fact right appeal relatively recent origin appeals right federal courts nonexistent first century nation appellate review sort rarely allowed abney also generally recognize appeal right washington became first constitutionalize right explicitly similarly right appeal criminal cases common law appellate review sort limited rarely used thus unlike inquiry faretta historical evidence provide support affirmative constitutional right appellate faretta majority reliance structure sixth amendment also relevant sixth amendment identifies basic rights accused shall enjoy criminal prosecutions presented strictly rights available preparation trial trial sixth amendment include right appeal recognized right appeal presently know criminal cases purely creature statute abney necessarily follows amendment provide basis finding right appeal faretta majority nontextual interpretation sixth amendment also included examination british criminal jurisprudence reference opprobrious trial practices star chamber inquiries historical english practices however provide basis extending faretta appellate process appeal criminal conviction england see griffin illinois frankfurter concurring judgment edw vii ch indeed none many cases safeguarding rights indigent appellant placed reliance either sixth amendment faretta see douglas california griffin finally faretta majority found right trial grounded part respect individual autonomy see consideration course also applicable appellant seeking manage case explained faretta trial level force lawyer defendant lead believe law contrives ibid appellate review surely similar risk appellant skeptical whether lawyer employed government prosecuting serve cause undivided loyalty equally true appeal related observation appellant personally bear consequences appeal see ibid light conclusion sixth amendment apply appellate proceedings individual right appeal based autonomy principles must grounded due process clause practices prevail nation today however entirely unpersuaded risk either disloyalty suspicion disloyalty sufficient concern conclude constitutional right necessary component fair appellate proceeding doubt instances disloyal representation rare trials appeals without question cases counsel performance ineffective even cases however reasonable assume counsel performance effective unskilled appellant provided one including martinez faretta majority attempts argue rule pro se representation wise desirable efficient although found faretta right defend oneself trial fundamental nature clear representation counsel standard exception see patterson illinois noting strong presumption waiver right counsel experience taught us pro se defense usually bad defense particularly compared defense provided experienced criminal defense attorney faretta opinion recognized right absolute defendant must voluntarily elect conduct defense quoting johnson zerbst courts require timely manner must first made aware dangers disadvantages trial judge may also terminate appoint standby counsel even defendant objection necessary held standby counsel may participate trial proceedings even without express consent defendant long participation seriously undermin appearance jury defendant representing mckaskle wiggins additionally trial judge duty provide personal instruction courtroom procedure perform legal chores defendant counsel normally carry even trial level therefore government interest ensuring integrity efficiency trial times outweighs defendant interest acting lawyer appellate context balance two competing interests surely tips favor state status accused defendant retains presumption innocence throughout trial process changes dramatically jury returns guilty verdict recognized shifting focus noted significant differences trial appellate stages criminal proceeding purpose trial stage state point view convert criminal defendant person presumed innocent one found guilty beyond reasonable doubt contrast ordinarily defendant rather state initiates appellate process seeking fend efforts state prosecutor rather overturn finding guilt made judge jury ross moffitt words faretta majority appellate proceedings simply case hal ing person criminal courts requirement representation trained counsel implies disrespect individual inasmuch tends benefit appellant well courts course may still exercise discretion allow lay person proceed pro se already leave appellate courts discretion keeping best interests prisoner government mind decision whether allow pro se appellant participate even present oral argument price johnston considering change position defendant appellant autonomy interests survive felony conviction less compelling motivating decision faretta yet overriding state interest fair efficient administration justice remains strong trial level thus clearly within discretion conclude government interests outweigh invasion appellant interest iii foregoing reasons conclude neither holding reasoning faretta requires california recognize constitutional right direct appeal criminal conviction holding course narrow preclude recognizing right constitutions impact law minimal lay appellant rights participate appellate proceedings long limited conclusions right present appellate proceedings schwab berggren present oral argument price meanwhile rules governing appeals california presumably well seem protect ability indigent litigants make pro se filings see people wende cal see also anders california requiring martinez circumstances accept attorney california courts deprived constitutional right accordingly judgment california affirmed ordered salvador martinez petitioner appeal california fourth appellate district writ certiorari california january justice kennedy concurring resolve case unnecessary cast doubt upon rationale faretta california faretta accepted quite sound yet follow convicted person similar right appeal different considerations apply appellate system explains observations join opinion salvador martinez petitioner appeal california fourth appellate district writ certiorari california january justice breyer concurring agree join opinion justice scalia writes separately underscore continuing constitutional validity faretta california note judges closer firing line sometimes expressed dismay practical consequences holding see farhad concurring opinion right frequently though always conflicts squarely inherently right fair trial found empirical research however might help determine whether general right represent oneself furthers inhibits constitution basic guarantee fairness without strong factual basis believing faretta holding proved counterproductive practice position reconsider constitutional assumptions underlie case salvador martinez petitioner appeal california fourth appellate district writ certiorari california january justice scalia concurring judgment share apparent skepticism today opinion concerning judgment often curiously described merely judgment majority faretta california doubt framers constitution suspicious enough governmental power including judicial power insisted upon citizen right judged independent jury private citizens found acceptable compulsory assignment counsel government plead criminal defendant case might rested decision upon due process clause rather sixth amendment believe correct asserting right may often even usually work defendant disadvantage remarkable basis withdrawing right fact proceeding without counsel custodial interrogation confessing crime usually works defendant disadvantage system laws generally presumes criminal defendant fully informed knows best interests need dictated state approach unworthy free people justice frankfurter eloquently put adams ex rel mccann require acceptance counsel imprison man privileges call constitution event faretta relevant question us limited extent must decide whether holding applies appeal seems question readily answered fact constitutional right appeal see mckane durston since state far federal constitution concerned subject determinations review whatever fortiori subject review consists nonadversarial reexamination convictions panel government experts adversarial review counsel appointed state even less questionable reasons concur judgment footnotes see powell alabama johnson zerbst gideon wainwright argersinger hamlin compare myers collins finding right extends appeals campbell blodgett chamberlain ericksen commonwealth rogers state van pelt ark webb state ind webb state tex crim app gillis finding right appeal lumbert finley hill state state gillespie crim app colonists brought appreciation virtues traditional distrust lawyers colonies first settled lawyer synonymous cringing crown arbitrary justices king bent conviction opposed king prerogatives twisting law secure convictions prejudice gained strength colonies distrust lawyers became institution several colonies prohibited pleading hire century prejudice persisted century lower classes came identify lawyers upper class years revolution confederation saw upsurge antilawyer sentiment sudden revival war revolution old dislike distrust lawyers class faretta footnotes omitted similarly state cases cited faretta see defendant right represent often predicate upholding waiver important right see mackreth wilson app failure defendant request counsel equaled election proceed pro se lockard state idaho relied defendant right uphold uncounseled guilty plea despite claims coerced people nelson defendant pro se status predicate upholding waiver indictment jury trial also uphold guilty plea allen commonwealth mass life sentence upheld despite fact indigent defendant unable procure counsel westberry state guilty plea upheld defendant failed claim indigency request counsel state hollman right defendant represent used basis finding right appointed counsel see state thomlinson vacating conviction based failure allow defendant represent state penderville utah cappetta state app rev state capetta finding voluntary intelligent waiver right proceed pro se see sec sloan pro se respondent argued briefed prevailed appeals second circuit conan doyle silver blaze complete sherlock holmes see lobsenz constitutional right appeal guarding unacceptable risks erroneous conviction puget sound rev although washington first state constitutionalize appeal right almost historically form discretionary appellate review see generally orfield criminal appeals america stephen history criminal law england critics argue right proceed pro se trial certain cases akin allowing defendant waive right fair trial see farhad reinhardt concurring specially cert pending decker sixth amendment right shoot oneself foot assessment guarantee twenty years faretta seton hall const see collecting cases