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Martinez v. Court of Appeal of California
''Martinez v. Court of Appeal of California'', 528 U.S. 152 (2000), is a United States Supreme Court case in which the Court decided an appellant who was the defendant in a criminal case cannot refuse the assistance of counsel on direct appeals. This case is in contrast to ''Faretta v. California'', 422 U.S. 806 (1975), which grants criminal defendants the right to refuse counsel for trial purposes.
== Background ==
Salvador Martinez worked as an office assistant for a law firm, and in the service of that firm he was given $6,000 by the girlfriend of a client for bail. This bail was not posted, and he was accused of embezzlement and theft, and further was convicted and acquitted respectively on these charges. He filed an appeal, a waiver of counsel, and a motion to represent himself (a "pro se" motion). When the Court of Appeals of California rejected the ''pro se'' motion, he appealed to the U.S. Supreme Court, which agreed to hear the argument.〔http://www.oyez.org/cases/1990-1999/1999/1999_98_7809/〕
The counsel for the appellant, Ronald Maines, argued that due process coupled with the decision in ''Faretta'' required the extension of a constitutional right for criminal defendants to refuse to have a court appointed lawyer argue the appeal, thus requiring the right to extend further to allow criminal defendants to argue their own appeals. This would require any appellant who was a criminal defendant to be allowed, given that the court opted for oral arguments, to be allowed to argue their own case as a constitutional right.
The argument of the counsel for the appellee, Robert Foster, held that there were substantial differences between initial trials and appeals courts, therefore the extension of ''Faretta'' to the current question was overreaching. Mr. Maines contended that there must be more than simple "differentiation" between the two situations, but there must be a difference consequential to the holding in ''Faretta'' to distinguish the trial and appellate situations.〔http://www.oyez.org/cases/1990-1999/1999/1999_98_7809/argument〕
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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