Martinez v. Court Of Appeal Of California

528 U.S. 152 (2000)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

D is a self-taught paralegal with 25 years' experience at 12 different law firms. D was accused of converting $6,000 of a client's money to his own use. D was charged with grand theft and the fraudulent appropriation of the property of another. He chose to represent himself at trial before a jury. The jury convicted him on Count 2, embezzlement. D had three prior convictions and under California's 'three strikes' law, the court imposed a mandatory sentence of 25-years-to-life in prison. D filed a timely notice of appeal as well as a motion to represent himself and a waiver of counsel. The California Court of Appeal denied his motion, and the California Supreme Court denied his application for a writ of mandate. The court of appeals stated that there is no constitutional right to self-representation on the initial appeal as of right. The right to counsel on appeal stems from the due process and equal protection clauses of the Fourteenth Amendment, not from the Sixth Amendment. The denial of self-representation at this level does not violate due process or equal protection guarantees. The Supreme Court granted certiorari.