Martinez v. Court of Appeal of California, Fourth Appellate District

528 U.S. 152, 120 S. Ct. 684, 145 L. Ed. 2d 597, 2000 U.S. LEXIS 502
CourtSupreme Court of the United States
DecidedJanuary 24, 2000
Docket98-7809
StatusPublished
Cited by828 cases

This text of 528 U.S. 152 (Martinez v. Court of Appeal of California, Fourth Appellate District) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Martinez v. Court of Appeal of California, Fourth Appellate District, 528 U.S. 152, 120 S. Ct. 684, 145 L. Ed. 2d 597, 2000 U.S. LEXIS 502 (2000).

Opinions

Justice Stevens

delivered the opinion of the Court.

The Sixth and Fourteenth Amendments of our Constitution guarantee that a person brought to trial in any state or federal court must be afforded the right to the assistance of counsel before he can be validly convicted and punished by imprisonment.1 In Faretta v. California, 422 U. S. 806 (1975), we decided that the defendant also “has a constitutional right to proceed without counsel when he voluntarily and intelligently elects to do so.” Id., at 807. Although that statement arguably embraces the entire judicial proceeding, we also phrased the question as whether a State may “constitutionally hale a person into its criminal courts and there force a lawyer upon him, even when he insists that he wants to conduct his own defense.” Ibid. Our conclusion in Faretta extended only to a defendant’s “constitutional right to conduct his own defense.” Id., at 836. Accordingly, our specific holding was confined to the right to defend oneself at trial. We now address the different question whether the reasoning in support of that holding also applies when the defendant becomes an appellant and assumes the burden of persuading a reviewing court that the conviction should be reversed. We have concluded that it does not.

I

Martinez describes himself as a self-taught paralegal with 25 years’ experience at 12 different law firms. See App. 13. [155]*155While employed as an office assistant at a firm in Santa Ana, California, Martinez was accused of converting $6,000 of a client’s money to his own use. He was charged in a two-count information with grand theft and the fraudulent appropriation of the property of another. He chose to represent himself at trial before a jury, because he claimed “‘there wasn’t an attorney on earth who’d believe me once he saw my past [criminal record].’ ” Id., at 15. The jury acquitted him on Count 1, grand theft, but convicted him on Count 2, embezzlement. The jury also found that he had three prior convictions; accordingly, under California’s “three strikes” law, the court imposed a mandatory sentence of 25-years-to-life in prison. See Cal. Penal Code Ann. §§ 667(d) and (e)(2) (West 1999). Martinez filed a timely notice of appeal as well as a motion to represent himself and a waiver of counsel. The California Court of Appeal denied his motion, and the California Supreme Court denied his application for a writ of mandate. While the California Supreme Court did not issue an opinion in this ease, the Court of Appeal previously had explained:

“There is no constitutional right to self-representation on the initial appeal as of right. The right to counsel on appeal stems from the due process and equal protection clauses of the Fourteenth Amendment, not from the Sixth Amendment, which is the foundation on which Faretta is based. The denial of self-representation at this level does not violate due process or equal protection guarantees.” People v. Scott, 64 Cal. App. 4th 550, 554, 75 Cal. Rptr. 2d 315, 318 (1998).

We granted certiorari because Martinez has raised a question on which both state and federal courts have expressed conflicting views.2 526 U. S. 1064 (1999). We now affirm.

[156]*156II

The Faretta majority based its conclusion on three interrelated arguments. First, it examined historical evidence identifying a right of self-representation that had been protected by federal and state law since the beginning of our Nation, 422 U. S., at 812-817. Second, it interpreted the structure of the Sixth Amendment, in the light of its English and colonial background, id., at 818-832. Third, it concluded that even though it “is undeniable that in most criminal prosecutions defendants could better defend with counsel's guidance than by their own unskilled efforts,” a knowing and intelligent waiver “must be honored out of That respect for the individual which is the lifeblood of the law.’ Illinois v. Allen, 397 U. S. 337, 350-351 [(1970)].” Id., at 834. Some of the Court’s reasoning is applicable to appellate proceedings as well as to trials. There are, however, significant distinctions.

The historical evidence relied upon by Faretta as identifying a right of self-representation is not always useful because it pertained to times when lawyers were scarce, often mistrusted, and not readily available to the average person accused of crime.3 For one who could not obtain a lawyer, [157]*157self-representation was the only feasible alternative to asserting no defense at all. Thus, a government’s recognition of an indigent defendant’s right to represent himself was comparable to bestowing upon the homeless beggar a “right” to take shelter in the sewers of Paris. Not surprisingly, early precedent demonstrates that this “right” was not always used to the defendant’s advantage as a shield, but rather was often employed by the prosecution as a sword. The principal ease cited in Faretta is illustrative. In Adams v. United States ex rel. McCann, 317 U. S. 269 (1942), the Court relied on the existence of the right of self-representation as the basis for finding that an unrepresented defendant had waived his right to a trial by jury.4

[158]*158It has since been recognized, however, that an indigent defendant in a criminal trial has a constitutional right to the assistance of appointed counsel, see Gideon v. Wainwright, 372 U. S. 335 (1963). Thus, an individual’s decision to represent himself is no longer compelled by the necessity of choosing self-representation over incompetent or nonexistent representation; rather, it more likely reflects a genuine desire to “ 'conduct his own cause in his own words.’ ” Faretta, 422 U. S., at 823 (footnote omitted). Therefore, while Faretta is correct in concluding that there is abundant support for the proposition that a right to self-representation has been recognized for centuries, the original reasons for protecting that right do not have the same force when the availability of competent counsel for every indigent defendant has displaced the need — although not always the desire — for self-representation.

The scant historical evidence pertaining to the issue of self-representation on appeal is even less helpful. The Court in Faretta relied upon the description of the right in §35 of the Judiciary Act of 1789, 1 Stat. 92, which states that “the parties may plead and manage their own causes personally or by the assistance of such counsel. . . .” 422 U. S., at 812. It is arguable that this language encompasses appeals as well as trials. Assuming it does apply to appellate proceedings, however, the statutory right is expressly limited by the phrase “as by the rules of the said courts.” 1 Stat. 92. Appellate courts have maintained the discretion to allow litigants to “manage their own causes” — and some such litigants have done so effectively.5 That opportunity, however, has been consistently subject to each court’s own rules.

[159]

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Cite This Page — Counsel Stack

Bluebook (online)
528 U.S. 152, 120 S. Ct. 684, 145 L. Ed. 2d 597, 2000 U.S. LEXIS 502, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martinez-v-court-of-appeal-of-california-fourth-appellate-district-scotus-2000.