According to Supreme Court precedent, if Bernard sought discretionary relief in a state appellate court, then which of the following is true?
Bernard Ponski is a disgraced former CEO of a Fortune 500 company. Bernard was convicted of embezzling money from shareholders and is serving a 50 year sentence in the state penitentiary. He was also convicted on two federal counts, with the sentences for those running concurrently with his state charges. Although he once had over $900 million in his bank accounts—so much that he contributed large sums of money to both the sitting governor of his state and to the President of the United States—Bernard is currently destitute. He even had to be represented by a public defender at his trial, and currently has no lawyer. While in jail, though, Bernard has been doing some reading of law books and thinks that he can win his freedom.
a. The state would have to provide appointed counsel for him, since he is indigent
b. The state is not obligated to provide appointed counsel for an indigent defendant seeking discretionary relief
c. The state would only have to provide appointed counsel for a defendant seeking discretionary relief from a federal court reviewing a constitutional question
d. Bernard couldn’t obtain appointed counsel for discretionary relief or even for an appeal stemming from a statutory right of review of his felony conviction
ANS: B
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