MITCHELL v. JOHNSON

No. 72-1481.

488 F.2d 349 (1973)

Arthur MITCHELL, Petitioner-Appellant, v. Perry JOHNSON, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided December 6, 1973.


Attorney(s) appearing for the Case

David R. Hood, Detroit, Mich. (Court appointed), for petitioner-appellant.

Stewart H. Freeman, Asst. Sol. Gen., for respondent-appellee; Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., Lansing, Mich., on brief.

Before EDWARDS and McCREE, Circuit Judges, and YOUNG, District Judge.


McCREE, Circuit Judge.

This appeal requires us to decide whether a state may, agreeably to the Constitution, refuse to appoint counsel to assist an indigent defendant in the preparation of an application for discretionary direct appeal to the state supreme court when nonindigent defendants customarily employ counsel for this purpose. We hold that it may not.

Appellant was convicted of unarmed robbery in a Michigan state court and was sentenced to a term of...

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