Thomas David Call v. Arthur L. McKenzie Acting Warden West Virginia Penitentiary

Summary

The court held that an indigent criminal defendant who requests it is entitled to a free transcript of the entire record, including when the conviction followed a guilty plea. It overruled the prior contrary rule prospectively, except as to this petitioner, because denying an indigent access to the record denies equal protection and can prevent meaningful review of constitutional defects in the plea. The court also explained that a thorough plea colloquy and transcript can permit summary resolution of later habeas claims, while the absence of such a transcript requires development of the relevant facts through an evidentiary hearing.