Entsminger v. Iowa, 386 U.S. 748 (1967)

CERTIORARI TO THE SUPREME COURT OF IOWA

Syllabus

Petitioner, an indigent represented by court-appointed counsel, was convicted of a felony in violation of Iowa law. As he requested, a different attorney was appointed to prepare his motion for a new trial, which was overruled. Representing petitioner on appeal, that attorney filed a notice of appeal and later, having been asked by petitioner to perfect a plenary appeal, gave notice therefor, but, apparently believing the appeal lacked merit (but not asking to withdraw from the case), failed to file the entire trial record, though it had been prepared by the State and counsel had advised petitioner that he would file it. Though the State Supreme Court had ordered the case submitted on the full record, briefs and argument of counsel, the court considered the case on the basis of the "clerk’s transcript," under an Iowa procedure for appellate review as a matter of course on the basis of a modified transcript submitted by the trial court clerk which contains the information or indictment, the grand jury minutes, bailiff’s oath, statement, and instructions, but not the transcript of evidence or briefs or arguments of counsel, which are also made available where appellant’s counsel has requested plenary review. Shortly before the State Supreme Court affirmed the conviction, petitioner had requested that the court order the "certified records" transmitted to it.

Held: Petitioner, who was entitled to the assistance of appointed counsel acting in the role of an advocate (see Anders v. California, ante, p. 738), was precluded by his attorney’s bare election to use Iowa’s "clerk’s transcript procedure" from obtaining complete and effective appellate review of his conviction. Pp. 751-752.

137 N.W.2d 381, reversed and remanded.