Gardner v. California

Petitioner, a California state prisoner, filed a request for habeas corpus relief, which the Superior Court denied. Under California law he has no right of appeal but may file a new petition for habeas corpus in the intermediate Court of Appeal or the Supreme Court. Petitioner desired to file a new petition and asked for a new transcript of the evidentiary hearing before the Superior Court, which was denied.

Held: Under this system of repeated hearings, where transcripts are readily available to judicial and prosecuting officials of the State, and where no suggestion is made that there is any adequate substitute therefor, they may not be furnished to those who can afford them and denied to those who are paupers. Griffin v. Illinois, 351 U.S. 12; Long v. District Court, 385 U.S. 192. Pp. 368-371.

Reversed.

Charles E. Rickershauser, Jr., by appointment of the Court, 391 U.S. 911, argued the cause and filed a brief for petitioner.

Jack K. Weber, Deputy Attorney General of California, argued the cause for respondent. With him on the brief were Thomas C. Lynch, Attorney General, and William E. James, Assistant Attorney General.