Holbert v. Gladden

I disagree with the majority’s statement that “the basic right involved in this case is the right to counsel on appeal established in Douglas v. California.” I further disagree with the conclusion that Anders v. California, 386 US 738, 87 S Ct 1396, 18 L ed2d 493 (1967) should be applied retrospectively.①

Douglas v. California, 372 US 353, 83 S Ct 814, 9 L ed2d 811 (1963) held that an indigent defendant was entitled under the equal protection clause of the Fourteenth Amendment to have counsel appointed to prosecute his appeal and that a review of the record by the state appellate court for…