Claude Franklin Moffitt v. Major Fred R. Ross and State of North Carolina, Claude F. Moffitt v. Major Fred R. Ross and State of North Carolina

HAYNSWORTH, Chief Judge:

We are met with the questions reserved by the Court in Douglas v. California, 372 U.S. 353, 83 S.Ct. 814, 9 L. Ed.2d 811.

In Douglas, the Supreme Court held that an indigent, convicted of a felony, was entitled to the assistance of assigned counsel in presenting his appeal to the state’s intermediate appellate court. It reserved the question of entitlement to assigned counsel in subsequent permissive review proceedings and limited its holding to counsel in “the one and only appeal an indigent has as of right” [emphasis -in original]. These cases present the questions…