In the 1962 case Draper v. Washington, the U.S. Supreme Court ruled that states must provide free transcripts of trial proceedings to indigent defendants who seek appellate review. The appellants in this case were two convicted criminals from different states who had been denied their requests for a free transcript due to their inability to pay for it themselves. They argued that this denial violated their Fourteenth Amendment rights by denying them equal protection under the law and due process of law because they could not adequately prepare an appeal without access to a full record of their trials. The court agreed with them, stating that "Destitute defendants must be afforded as adequate appellate review as defendants who have money enough to buy transcripts." This ruling was significant in ensuring fair treatment within the legal system regardless of financial status.

In the dissenting opinion for Draper v. Washington, Justice Harlan argued that the majority's decision to reverse and remand was based on an incorrect interpretation of Griffin v. Illinois. He contended that Griffin did not establish a universal right to a free trial transcript for indigent defendants, but rather held that states must provide adequate alternatives if they do not supply transcripts. In this case, he believed Washington had provided such an alternative by allowing defendants to use a statement of facts in place of a full transcript. Furthermore, he disagreed with the majority's view that due process requires equal access to appellate review for all convicted persons regardless of their financial status; instead, he asserted it only mandates fair procedures at trial and does not guarantee any particular form or scope of appeal rights.