Tom C. Clark

“ Iowa law provides alternate methods of appealing criminal convictions, the first method being an appeal on a 'clerk's transcript' which follows the notice of appeal as a matter of course. [1] Under this procedure, the clerk of the trial court prepares and files a modified transcript of the proceedings below; such transcript contains only the Information or Indictment, the Grand Jury Minutes, the Bailiff's Oath, Statement and Instructions, various orders and judgment entries of the court, but does not contain the transcript of evidence nor the briefs and argument of counsel. ”

“ Here there is no question but that petitioner was precluded from obtaining a complete and effective appellate review of his conviction by the operation of the clerk's transcript procedure as embodied in Iowa law. Such procedure automatically deprived him of a full record, briefs, and arguments on the bare election of his appointed counsel, without providing any notice to him or to the reviewing court that he had chosen not to file the complete record in the case. By such action 'all hope of any (adequate and effective) appeal at all,' Lane v. ”

“ Illinois, 351 U.S. 12, 76 S.Ct. 585, 100 L.Ed. 891 (1956) , the Court held that a State that provided transcripts on appeal only to those who could afford them was constitutionally required to provide a 'means of affording adequate and effective appellate review to indigent defendants.' At 20, 76 S.Ct. ”