Ross v. Moffitt

417 U.S. 600 (1974)

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Nature of the Case

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Facts

The North Carolina appellate system is multi-tiered, and provides for both an intermediate Court of Appeals and a Supreme Court. North Carolina authorizes the appointment of counsel for a convicted defendant who appeals to an intermediate court of appeals. However, it does not provide counsel for a defendant for either the state supreme court or the United States Supreme Court. Ross (D) was convicted of forgery and was represented at the lower levels by a public defender. D took appeals to the Court of appeals and was represented by court-appointed counsel. They affirmed. When D attempted to appeal to the state supreme court, he was denied representation. D sought discretionary review in the North Carolina Supreme Court. On this appeal, D was not denied counsel but rather was represented by the public defender who had been appointed for the trial and D's first appeal. The North Carolina Supreme Court denied certiorari. D sought court-appointed counsel for a petition to the U.S. Supreme Court. It was denied. D then raised his right to counsel contention in a habeas corpus petition filed in the United States District Court. The District Court denied relief. On appeal, the United States Court of Appeals held that the state was required to provide counsel for D's appellate proceedings. The United States Supreme Court granted review.