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California Courts of Appeal

Nov. 22, 2017

Constitutional argument for appointed counsel fails, state court rules

Indigent defendants do not have a constitutional right to appointed counsel in an appeal in which their freedom is not directly under threat, according to an opinion by a 4th District Court of Appeal panel on Tuesday.

RIVERSIDE — Indigent defendants do not have a constitutional right to appointed counsel in an appeal in which their freedom is not directly under threat, a 4th District Court of Appeal panel ruled Tuesday.

The unanimous ruling came in response to an unusual petition by San Bernardino County Public Defender Phyllis K. Morris. Morris v. Superior Court of San Bernardino County, 2017 DJDAR 11061.

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