Ross v. Moffitt

417 U.S. 600, 94 S.Ct. 2437, 41 L.Ed.2d 341 (1974)

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Ross v. Moffitt

United States Supreme Court
417 U.S. 600, 94 S.Ct. 2437, 41 L.Ed.2d 341 (1974)

  • Written by Sarah Venti, JD
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Facts

Moffitt (defendant) was convicted of criminal charges in two separate cases. Moffitt was represented by a court-appointed attorney at trial. Moffitt appealed both convictions in the state appellate court and was represented on appeal by court-appointed counsel. Both convictions were upheld. The federal district court held that Moffitt was not entitled to representation at state expense for assistance with preparing his petitions for review by the state supreme court and the United States Supreme Court. The federal court of appeals reversed the district court decisions and held that Moffitt was entitled to representation at state expense.

Rule of Law

Issue

Holding and Reasoning (Rehnquist, J.)

Dissent (Douglas, J.)

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Criminal Procedure

Key Terms

  • Sixth AmendmentProvides criminal defendants with numerous rights such as the right to a speedy and public trial, the right to cross-examine witnesses, the right to counsel, and the right to be informed of the nature and cause of action.
  • Appeal of RightThe opportunity to seek review of a lower court decision without first gaining approval of the reviewing court.
  • Discretionary AppealReview of a lower court decision that requires approval of the reviewing court.

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