Hugo Black

“ The Court holds today that petitioner, whose application for a writ of habeas corpus was denied in the California Superior Court, is automatically entitled to a free transcript of that proceeding, to aid him in 'preparing' and 'presenting' an entirely new application in the State Supreme Court. In so holding, the Court not only misconceives the nature of California's post-conviction procedure, but it imposes on the State a financial burden which is not offset by any appreciable benefit to the petitioner. ”

“ In contradistinction, the California indigent who alleges facts which entitle him to relief is afforded the same opportunity as any other applicant to prove those facts.
In purpose and effect, California's procedure is not dissimilar to the federal rule whereby an indigent appealing the denial of an application for collateral relief is provided a transcript only if 'the trial judge or a circuit judge certifies that the * * * appeal is not frivolous and that the transcript is needed to decide the issue presented by the * * * appeal.' 28 U.S.C. § 753 (f) (1964 ed., Supp. III) . ”

“ The distinctions between these cases and the instant one are too obvious to merit discussion.
This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105) . ”