M. L. B. v. S. L. J., 519 U.S. 102, 9 (1996)

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110

M. L. B. v. S. L. J.

Opinion of the Court

II

Courts have confronted, in diverse settings, the "age-old problem" of "[p]roviding equal justice for poor and rich, weak and powerful alike." Griffin v. Illinois, 351 U. S. 12, 16 (1956). Concerning access to appeal in general, and transcripts needed to pursue appeals in particular, Griffin is the foundation case.

Griffin involved an Illinois rule that effectively conditioned thoroughgoing appeals from criminal convictions on the defendant's procurement of a transcript of trial proceedings. See id., at 13-14, and nn. 2, 3 (noting, inter alia, that "mandatory record," which an indigent defendant could obtain free of charge, did not afford the defendant an opportunity to seek review of trial errors). Indigent defendants, other than those sentenced to death, were not excepted from the rule, so in most cases, defendants without means to pay for a transcript had no access to appellate review at all. Although the Federal Constitution guarantees no right to appellate review, id., at 18, once a State affords that right, Griffin held, the State may not "bolt the door to equal justice," id., at 24 (Frankfurter, J., concurring in judgment).

The plurality in Griffin recognized "the importance of appellate review to a correct adjudication of guilt or innocence." Id., at 18. "[T]o deny adequate review to the poor," the plurality observed, "means that many of them may lose their life, liberty or property because of unjust convictions which appellate courts would set aside." Id., at 19. Judging the Illinois rule inconsonant with the Fourteenth Amendment, the Griffin plurality drew support from the Due Process and Equal Protection Clauses. Id., at 13, 18.

Justice Frankfurter, concurring in the judgment in Griffin, emphasized and explained the decision's equal protection underpinning:

"Of course a State need not equalize economic conditions. . . . But when a State deems it wise and just that

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