William J. Brennan, Jr.

“ The California Court Rules require that a free transcript be furnished to convicted persons separately tried in felony cases and to each codefendant where one or more codefendants are under sentence of death. [3] Petitioner argues that in furnishing only one copy to be shared by co-defendants where none received the death penalty California interposes an unconstitutional barrier to the use of its criminal appellate proceedings and that the distinction made by the Rules, without more, establishes that California has denied him equal protection of the laws. ”

“ Petitioner argues that in any event, contrary to the Court of Appeals, the District Court was correct in holding that because 'it may not be possible to pinpoint * * * alleged errors in the absence of a transcript,' petitioner was entitled to a transcript for use in petitioning for habeas corpus even though he did not specify what errors he claimed in his conviction. ”