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Douglas v. California, 372 U.S. 353 (1963)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Douglas v. California, 372 U.S. 353 (1963)
Douglas v. California No. 34 Argued April 17, 1962 Restored to the calendar for reargument June 25, 1962 Reargued January 16, 1962 Decided March 18, 1963 372 U.S. 353
CERTIORARI TO THE DISTRICT COURT OF APPEAL
OF CALIFORNIA, SECOND APPELLATE DISTRICT
Syllabus
In a California State court, petitioners were tried jointly, convicted of 13 felonies, and sentenced to imprisonment. Exercising their only right to appeal as of right, they appealed to an intermediate Court of Appeals, and, being indigent, applied to it for appointment of counsel to assist them on appeal. In accordance with a state rule of criminal procedure, that court made an ex parte examination of the record, determined that appointment of counsel for petitioners would not be "of advantage to the defendant or helpful to the appellate court," and denied appointment of counsel. Their appeal was heard without assistance of counsel, and their convictions were affirmed. The State Supreme Court denied a discretionary review.
Held: Where the merits of the one and only appeal an indigent has as of right were decided without benefit of counsel in a state criminal case, there has been a discrimination between the rich and the poor which violates the Fourteenth Amendment. Pp. 353-358.
187 Cal.App.2d 802, 10 Cal.Rptr. 188, judgment vacated and cause remanded.
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Chicago: U.S. Supreme Court, "Syllabus," Douglas v. California, 372 U.S. 353 (1963) in 372 U.S. 353 Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=K5PIH6B8PV8GLVY.
MLA: U.S. Supreme Court. "Syllabus." Douglas v. California, 372 U.S. 353 (1963), in 372 U.S. 353, Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=K5PIH6B8PV8GLVY.
Harvard: U.S. Supreme Court, 'Syllabus' in Douglas v. California, 372 U.S. 353 (1963). cited in 1963, 372 U.S. 353. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=K5PIH6B8PV8GLVY.
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