ross moffitt argued april decided june respondent indigent represented counsel convicted forgery state two separate cases convictions affirmed appeals right north carolina appeals one case denied appointment counsel discretionary review north carolina case denied certiorari denied appointment counsel prepare petition certiorari subsequently federal district courts denied habeas corpus relief appeals reversed holding respondent entitled appointment counsel petition review state petition certiorari held due process clause fourteenth amendment require north carolina provide respondent counsel discretionary appeal state pp contrasted trial stage criminal proceeding defendant appealing conviction needs attorney shield protect haled state stripped presumption innocence rather sword upset prior determination guilt difference significant since state may dispense trial stage without defendant consent need provide appeal pp fact appeal provided automatically mean state acts unfairly refusing provide counsel indigent defendants every stage way unfairness results state singles indigents denies meaningful access appellate system poverty equal protection clause fourteenth amendment require north carolina provide free counsel indigent defendants seeking discretionary appeals state pp defendant respondent circumstances denied meaningful access state simply state appoint counsel aid seeking review since stage north carolina multitiered appellate system least transcript record trial proceedings brief appeals setting forth claims error frequently opinion disposing case materials supplemented pro se submission might made provide adequate basis decision grant deny review standards whether case significant public interest involves legal principles major significance likely conflicts previous decision pp indigent defendant opportunity counsel prepare initial brief appeals nature discretionary review make relative handicap defendant may comparison wealthy defendant counsel every stage proceeding far less handicap borne indigent defendant denied counsel initial appeal right douglas california particular service might benefit indigent defendant mean service constitutionally required duty state duplicate legal arsenal may privately retained criminal defendant continuing effort reverse conviction assure indigent defendant done adequate opportunity present claims fairly context state appellate process similarly fourteenth amendment require north carolina provide counsel convicted indigent defendant seeking file petition certiorari circumstances state provided counsel appeal right brief prepared counsel together one perhaps two state appellate opinions available order decide whether grant certiorari pp since right seek discretionary review conferred federal statutes state argument state created right appeal must give persons equal opportunity enjoy right terms inapplicable griffin illinois douglas california supra distinguished suggestion state responsible providing counsel indigent defendant petitioning simply initiated prosecution leading judgment sought reviewed unsupported either reason authority pp rehnquist delivered opinion burger stewart white blackmun powell joined douglas filed dissenting opinion brennan marshall joined post jacob safron assistant attorney general north carolina argued cause petitioners brief robert morgan attorney general thomas anderson appointment argued cause filed brief respondent briefs amici curiae urging reversal filed robert shevin attorney general enoch whitney assistant attorney general state florida william scott attorney general james zagel assistant attorney general state illinois andrew miller attorney general robert shepherd assistant attorney general commonwealth virginia marshall hartman james flug filed brief national legal aid defender assn amicus curiae urging affirmance justice rehnquist delivered opinion asked case decide whether douglas california requires appointment counsel indigent state defendants first appeal right extended require counsel discretionary state appeals applications review appeals fourth circuit held appointment required due process equal protection clauses fourteenth amendment case us resulted consolidation two separate cases north carolina criminal prosecutions brought respective superior courts counties mecklenburg guilford cases respondent pleaded guilty charges forgery uttering forged instrument indigency represented trial counsel convicted took separate appeals north carolina appeals represented counsel convictions affirmed point procedural histories two cases diverge following affirmance mecklenburg country conviction respondent sought invoke discretionary review procedures north carolina counsel approached mecklenburg county superior possible appointment represent respondent appeal counsel informed state required furnish counsel petition respondent sought collateral relief state federal courts first raising contention habeas corpus petition filed district western district north carolina february relief denied time respondent appeal appeals fourth circuit dismissed stipulation order allow respondent first exhaust state remedies issue exhausting state remedies reapplied habeas relief denied respondent appealed denial appeals fourth circuit following affirmance conviction guilford county charges respondent also sought discretionary review north carolina appeal however respondent denied counsel rather represented public defender appointed trial respondent first appeal north carolina denied certiorari respondent unsuccessfully petitioned superior guilford county counsel prepare petition writ certiorari also sought relief throughout state courts motions denied respondent sought federal habeas relief time district middle district north carolina denied relief respondent took appeal appeals fourth circuit appeals reversed two district judgments holding respondent entitled assistance counsel state expense petition review north carolina petition certiorari reviewing procedures north carolina appellate system possible benefits counsel provide indigents seeking review system stated long state provides procedures allows convicted felons seek access higher help retained counsel marked absence fairness denying indigent assistance counsel seeks access granted certiorari consider appeals decision light douglas california apparently conflicting decisions courts appeals seventh tenth circuits reasons hereafter stated reverse appeals ii past years given extensive consideration rights indigent persons appeal griffin illinois first pertinent cases illinois rule allowing convicted criminal defendant present claims trial error illinois procured transcript testimony adduced trial exception made indigent defendant thus one unable pay cost obtaining transcript precluded obtaining appellate review asserted trial error justice frankfurter cast deciding vote said concurring opinion illinois decreed defendants afford pay stenographic minutes trial may trial errors reviewed appeal illinois succeeding cases invalidated similar financial barriers appellate process time reaffirming traditional principle state obliged provide appeal criminal defendants mckane durston cases encompassed variety circumstances common theme example lane brown involved indiana provision declaring public defender obtain free transcript hearing coram nobis application public defender declined request one indigent prisoner seeking appeal recourse draper washington state permitted indigent obtain free transcript trial convicted satisfied trial judge contentions appeal frivolous appealing defendant effect bound trial conclusions seeking review determination frivolousness since transcript equivalent made available smith bennett iowa required filing fee order process state habeas corpus application convicted defendant burns ohio state ohio required filing fee order move ohio leave appeal judgment ohio appeals affirming criminal conviction financial barriers adjudication criminal defendant appeal held violate fourteenth amendment decisions discussed stand proposition state arbitrarily cut appeal rights indigents leaving open avenues appeal affluent persons douglas california however case decided day lane supra draper supra departed somewhat limited doctrine transcript fee cases undertook examination whether indigent access appellate system adequate douglas concluded state fulfill responsibility toward indigent defendants merely waiving requirements convicted defendant procure transcript pay fee order appeal held state must go provide counsel indigent first appeal right decision asked extend today petitioners douglas convicted jury felony counts took appeals right california district appeal filing fee exacted transcript required order present arguments appeal appellate process therefore open petitioners however claimed right make use appellate process also entitled counsel indigent california appellate examined trial record initiative following rule california concluded good whatever served appointment counsel therefore denied petitioners request appointment counsel held unconstitutional california requirement counsel appeal appointed indigent appellate determined appointment helpful defendant noted system indigent case initially reviewed merits without benefit organization argument counsel contrast persons greater means faced preliminary ex parte examination record arguments presented fully briefed form noted however decision extended initial appeals right went say need decide whether california provide counsel indigent seeking discretionary hearing california district appeal sustained conviction 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 iii recognition due process rationale douglas found opinion dissenting opinion justice harlan douglas stated hen indigent forced run gantlet preliminary showing merit right appeal comport fair procedure justice harlan thought due process issue douglas one worthy extended consideration remarking real question case submit one permits satisfactory analysis whether state rule applied case consistent requirements fair procedure guaranteed due process clause believe due process clause requires north carolina provide respondent counsel discretionary appeal state trial stage criminal proceeding right indigent defendant counsel fundamental binding upon virtue sixth fourteenth amendments gideon wainwright 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 accomplish purpose state employs prosecuting attorney presents evidence challenges witnesses offered defendant argues rulings makes direct arguments jury seeking persuade defendant guilt circumstances reason reflection require us recognize adversary system criminal justice person haled poor hire lawyer assured fair trial unless counsel provided contrast ordinarily defendant rather state initiates appellate process seeking fend efforts state prosecutor rather overturn finding guilt made judge jury defendant needs attorney appeal shield protect haled state stripped presumption innocence rather word upset prior determination guilt difference significant one agree state may simply dispense trial stage proceedings without criminal defendant consent clear state need provide appeal mckane durston fact appeal provided automatically mean state acts unfairly refusing provide counsel indigent defendants every stage way douglas california supra unfairness results indigents singled state denied meaningful access appellate system poverty question profitably considered equal protection analysis iv language invoking equal protection notions prominent douglas cases treating rights indigents appeal douglas example stated merits one appeal indigent right decided without benefit counsel think unconstitutional line drawn rich poor emphasis original nce state chooses establish appellate review criminal cases may foreclose indigents access phase procedure poverty north carolina appellate system appellate systems almost half multitiered providing intermediate appeals appeals created effective january like intermediate state appellate courts intended absorb substantial share caseload previously burdening criminal cases appeal right lies directly cases involve sentence death life imprisonment appeal right criminal cases lies appeals stat supp second appeal right lies criminal case hich directly involves substantial question arising constitution state dissent stat decisions appeals direct review criminal cases may reviewed discretionary basis statute governing discretionary appeals stat statute provides relevant part cause appeal taken appeals may discretion motion party cause motion certify cause review either determined appeals statute provides cause certified transfer determination appeals reviews decision appeals choice cases reviewed left entirely within discretion regulated statutory standards subsection provision causes subject certification subsection section certification may made determination cause appeals opinion subject matter appeal significant public interest cause involves legal principles major significance jurisprudence state decision appeals appears likely conflict decision facts show respondent connection mecklenburg county conviction received benefit counsel examining record trial preparing appellate brief behalf state appeals thus prior seeking discretionary review state claims presented lawyer passed upon appellate douglas california believe said therefore defendant respondent circumstances denied meaningful access north carolina simply state appoint counsel aid seeking review stage least transcript record trial proceedings brief behalf appeals setting forth claims error many cases opinion appeals disposing case materials supplemented whatever submission respondent may make pro se appear provide north carolina adequate basis decision grant deny review fortified conclusion understanding function served discretionary review north carolina critical issue perceive whether correct adjudication guilt every individual case see griffin illinois rather whether subject matter appeal significant public interest whether cause involves legal principles major significance jurisprudence state whether decision probable conflict decision may deny certiorari even though believes decision appeals incorrect see peaseley virginia iron coal coke since decision appears incorrect may nevertheless fail satisfy criteria discussed defendant claims error organized presented lawyerlike fashion appeals justices north carolina make decision grant deny discretionary review able ascertain whether case satisfies standards established legislature review say course skilled lawyer particularly one trained somewhat arcane art preparing petitions discretionary review prove helpful litigant able employ indigent defendant seeking review north carolina therefore somewhat handicapped comparison wealthy defendant counsel assisting every conceivable manner every stage proceeding opportunity counsel prepare initial brief appeals nature discretionary review north carolina make relative handicap far less handicap borne indigent defendant denied counsel initial appeal right douglas fact particular service might benefit indigent defendant mean service constitutionally required duty state cases duplicate legal arsenal may privately retained criminal defendant continuing effort reverse conviction assure indigent defendant adequate opportunity present claims fairly context state appellate process think respondent given opportunity existing north carolina system much discussion preceding section equally relevant question whether state must provide counsel defendant seeking review conviction north carolina provided counsel convicted defendant appeal right brief prepared counsel together one perhaps two north carolina appellate opinions available order may decide whether grant certiorari review much like north carolina discretionary depends numerous factors perceived correctness judgment asked review also significant difference source right seek discretionary review north carolina source right seek discretionary review former conferred statutes state north carolina latter granted statute enacted congress thus argument relied upon griffin douglas cases state created right appeal must give persons equal opportunity enjoy right terms inapplicable right seek certiorari granted state exists virtue federal statute without consent state whose judgment sought reviewed suggestion state responsible providing counsel one petitioning simply initiated prosecution led judgment sought reviewed unsupported either reason authority quite logical rationale douglas griffin indeed perhaps require federal government furnish compensate counsel petitioners seek certiorari review state judgments conviction yet followed consistent policy denying applications appointment counsel persons seeking file jurisdictional statements petitions certiorari see drumm california mooney new york oppenheimer california light authorities odd indeed read fourteenth amendment impose requirement decline vi mean opinion way discourage matter legislative choice made counsel available convicted defendants stages judicial review might well choose matter legislative policy may conceivably find claims public funds within without criminal justice system preclude implementation policy present time north carolina example provide counsel indigent defendants seeking discretionary review appeal provide counsel indigent prisoners several situations appointments required constitutional decision reading fourteenth amendment leaves choices state respondent denied right secured federal constitution north carolina refused provide counsel aid obtaining discretionary appellate review judgment appeals holding contrary reversed footnotes state moffitt app mecklenburg state moffitt app guilford state moffitt decided remand case district appraise substantiality federal claim noted opportunity examine papers filed state said circumstances case remedy available district prisoner release writ habeas corpus appropriate district determine whether respondent claim patently frivolous ibid see ex rel pennington pate peters cox see appeals case example examined possible rationales stating holding douglas grounded equal protection clause inequality circumstances cases obvious circumstances douglas holding douglas grounded due process clause justice harlan dissent thought discourse terms due process encompasses elements equality simply due process law litigant deprived professional assistance litigants similarly situated able obtain professional assistance benefited concepts fairness equality require counsel first appeal right require counsel subsequent discretionary appeals hudson county water mccarter see brief respondent example subsection effective time respondent appeals provides counsel irect review judgment decree including review final judgment decrees rendered highest north carolina decision may provision apparently construed allow counsel permissive appellate procedures see section stat supp provides indigent person entitled services counsel following actions proceedings case imprisonment fine five hundred dollars likely adjudged hearing petition writ habeas corpus chapter general statutes proceeding chapter general statutes hearing revocation probation confinement likely adjudged result hearing hearing extradition another state sought proceeding judicial hospitalization chapter article judicial hospitalization article mentally ill criminals general statutes proceeding involuntary commitment treatment facility article chapter general statutes civil arrest bail proceeding chapter article general statutes case juvenile hearing result commitment institution transfer superior trial felony charge possible mr affirm judgment agreement opinion chief judge haynsworth unanimous panel appeals douglas california considered necessity appointed counsel first appeal right issue us deal appointment counsel later levels discretionary review either higher state courts noted equal justice kind appeal man enjoys depends amount money chief judge haynsworth find logical basis differentiation appeals right permissive review procedures context constitution right counsel familiar functioning north carolina criminal justice system concluded context constitutional questions arising criminal prosecutions permissive review state highest may predictably meaningful review conviction receive ibid north carolina appeals example constrained diverging earlier opinion state even subsequent developments rendered earlier decision suspect state highest remains ultimate arbiter rights citizens ibid chief judge haynsworth also correctly observed indigent defendant proceeding without counsel substantial disadvantage relative wealthy defendants represented counsel forced fend seeking discretionary review state may well enough allege error courts layman terms sophisticated approach may demanded indigent defendant much need assistance lawyer preparing filing petition certiorari handling appeal right many appeals articulate defendant file effective brief telling story simple language without legalisms technical requirements applications writs certiorari hazards one untrained law hardly expected negotiate certiorari proceedings constitute highly specialized aspect appellate work factors deems important connection deciding whether grant certiorari certainly within normal knowledge indigent appellant boskey right counsel appellate proceedings rev omitted douglas california grounded concepts fairness equality right seek discretionary review substantial one one lawyer significant assistance indigent defendant correctly perceived concepts fairness equality require counsel first appeal right require counsel subsequent discretionary appeals indigent defendant proceeding without assistance counsel attempting satisfy one three statutory standards review seeking certiorari north carolina subject matter appeal significant public interest cause involves legal principles major significance jurisprudence state decision appeals appears likely conflict decision stat rule provides guidelines exercise certiorari jurisdiction including decisions state federal questions previously decided may enough simply assert error decision cf magnum import coty moreover greatly aided briefs prepared accuracy brevity clarity determination whether certiorari granted see furness withy insurance