Spaulding v. Taylor

WESLEY E. BROWN, District Judge.

This is a habeas corpus action. The sole question to be determined by this court is whether or not the refusal to appoint an attorney to represent an indigent defendant on appeal constitutes a denial of due process which would warrant the release of the petitioner. The question involves the retroactive application of Douglas v. California, 372 U.S. 353, 83 S.Ct. 814, 9 L.Ed.2d 811 (1963). For the reasons hereinafter set forth we hold that the petitioner is entitled to release.

Spaulding, the petitioner, presented his present petition for a writ of habeas corpus…