State v. Leroy

0 ’Neill, C. J.,

dissenting. I am of the opinion that State v. Sims (1971), 27 Ohio St. 2d 79, 272 N. E. 2d 87, should not be limited to prospective application. Sims is not a case which was designed merely to make state appellate procedures fair; rather, its principles are of constitutional magnitude. It begins with the premise that the right to counsel on appeal by an indigent convicted defendant is required by the equal-protection and due-proeess-oflaw clauses of the Fourteenth Amendment. Douglas v. California (1963), 372 U. S. 353. See, also, Anders v. California (1967), 386 U. S. 738;…