John Marshall Harlan II

“ Be that as it may, the Court has taken a long step in derogation of the hitherto consistently maintained view, both in federal and state criminal cases, that an indigent defendant is not automatically entitled to a free transcript simply because those economically better situated can obtain their transcripts at will. ”

“ A balanced solution of a problem having such unforeseeable ramifications requires consideration of the informed views of those on the firing line of the administration of criminal justice District judges, Circuit judges, United States attorneys, defense lawyers and Legal Aid Societies-and exploration of differing conditions among the Circuits. ”

“ The holding is that an indigent convict who-following the trial court's certification that his appeal was frivolous and not taken in good faith-has received at the direction of the Court of Appeals a free copy of that portion of the trial transcript germane to the errors asserted as grounds for appeal, is entitled as of right to a free copy of the balance of the transcript if his appellate counsel was not the lawyer who represented him at the trial. ”