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Name: Tamalini v. Stewart
Case #: 99-35888
Court: US Court of Appeals
District 9 Cir
Opinion Date: 05/08/2001
Subsequent History: None

The Washington Court of Appeal appointed the Washington Appellate Defender Association (WADA) to represent Reno Tamalini on his appeal from his second-degree murder conviction. While his appeal was pending, the contract between the Court and WADA expired, and new counsel was appointed to represent Tamalini. His conviction was affirmed. In this appeal from the denial of his federal habeas petition, Tamalini argued that his Sixth Amendment right to counsel was violated when the state forced his attorney to withdraw and appointed a different counsel against his will. The appellate court here affirmed. The Sixth Amendment’s guarantees are inapplicable to criminal appeals. Because states are not required to provide appellate review at all, a convicted defendant has no Sixth Amendment rights on appeal, including the right to his choice of counsel. If, however, the state elects to furnish an avenue for appeal, its procedures must comport with the Due Process and Equal Protection Clauses of the Fourteenth Amendment. Here, Tamalini did not base his argument at any point below on the Fourteenth Amendment, and therefore it could not be raised for the first time in this appeal.