text:
Anders v. California, 386 U.S. 738 (1967)
Supreme Court of the United States
Filed: May 8th, 1967
Precedential Status: Precedential
Citations: 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493, 1967 U.S. LEXIS 1569
Docket Number: 98
Supreme Court Database ID: 1966-088
Author: Tom C. Clark

386 U.S. 738 (1967)
ANDERS
v.
CALIFORNIA.

No. 98.
Supreme Court of United States.

Argued March 14, 1967.
Decided May 8, 1967.
CERTIORARI TO THE SUPREME COURT OF CALIFORNIA.
*739 Ira Michael Heyman, by appointment of the Court, 384 U.S. 925, argued the cause and filed briefs for petitioner.

George J. Roth, 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.

MR. JUSTICE CLARK delivered the opinion of the Court.

We are here concerned with the extent of the duty of a court-appointed appellate counsel to prosecute a first appeal from a criminal conviction, after that attorney has conscientiously determined that there is no merit to the indigent's appeal.

After he was convicted of the felony of possession of marijuana, petitioner sought to appeal and moved that the California District Court of Appeal appoint counsel for him. Such motion was granted; however, after a study of the record and consultation with petitioner, the appointed counsel concluded that there was no merit to the appeal. He so advised the court by letter and, at the same time, informed the court that petitioner wished *740 to file a brief in his own behalf. At this juncture, petitioner requested the appointment of another attorney. This request was denied and petitioner proceeded to file his own brief pro se. The State responded and petitioner filed a reply brief. On January 9, 1959, the District Court of Appeal unanimously affirmed the conviction, People v. Anders, 167 Cal. App. 2d 65, 333 P.2d 854.

On January 21, 1965, petitioner filed an application for a writ of habeas corpus in the District Court of Appeal in which he sought to have his case reopened. In that application he raised the issue of deprivation of the right to counsel in his original appeal because of the court's refusal to appoint counsel at the appellate stage of the proceedings.[1] The court denied the application on the same day, in a brief unreported memorandum opinion. The court stated that it "ha[d] again reviewed the record and [had] determined the appeal [to be] without merit." The court also stated that "the procedure prescribed by In re Nash, 61 A. C. 538, was followed in this case . . . ."[2] On June 25, 1965, petitioner submitted a petition for a writ of habeas *741 corpus to the Supreme Court of California, and the petition was denied without opinion by that court on July 14, 1965. Among other trial errors, petitioner claimed that both the judge and the prosecutor had commented on his failure to testify contrary to the holding of this Court in Griffin v. California, 380 U.S. 609 (1965). We have concluded that California's action does not comport with fair procedure and lacks that equality that is required by the Fourteenth Amendment.

I.

For a decade or more, a continuing line of cases has reached this Court concerning discrimination against the indigent defendant on his first appeal. Beginning with Griffin v. Illinois, 351 U.S. 12 (1956) where it was held that equal justice was not afforded an indigent appellant where the nature of the review "depends on the amount of money he has," at 19, and continuing through Douglas v. California, 372 U.S. 353 (1963), this Court has consistently held invalid those procedures "where the rich man, who appeals as of right, enjoys the benefit of counsel's examination into the record, research of the law, and marshalling of arguments on his behalf, while the indigent, already burdened by a preliminary determination that his case is without merit, is forced to shift for himself." At 358. Indeed, in the federal courts, the advice of counsel has long been required whenever a defendant challenges a certification that an appeal is not taken in good faith, Johnson v. United States, 352 U.S. 565 (1957), and such representation must be in the role of an advocate, Ellis v. United States, 356 U.S. 674, 675 (1958), rather than as amicus curiae. In Ellis, supra, we concluded:

"If counsel is convinced, after conscientious investigation, that the appeal is frivolous, of course, he may ask to withdraw on that account. If the court *742 is satisfied that counsel has diligently investigated the possible grounds of appeal, and agrees with counsel's evaluation of the case, then leave to withdraw may be allowed and leave to appeal may be denied." At 675.
In Gideon v. Wainwright, 372 U.S. 335 (1963), the Sixth Amendment's requirement that "the accused shall enjoy the right . . . to have the Assistance of Counsel for his defense" was made obligatory on the States by the Fourteenth Amendment, the Court holding that "in our adversary system of criminal justice, any person haled into court, who is too poor to hire a lawyer, cannot be assured a fair trial unless counsel is provided for him." At 344. We continue to adhere to these principles.

II.

In petitioner's case, his appointed counsel wrote the District Court of Appeal, stating:

"I will not file a brief on appeal as I am of the opinion that there is no merit to the appeal. I have visited and communicated with Mr. Anders and have explained my views and opinions to him . . . . [H]e wishes to file a brief in this matter on his own behalf."
The District Court of Appeal, after having examined the record, affirmed the conviction. We believe that counsel's bare conclusion, as evidenced by his letter, was not enough. It smacks of the treatment that Eskridge received, which this Court condemned, that permitted a trial judge to withhold a transcript if he found that a defendant "has been accorded a fair and impartial trial, and in the Court's opinion no grave or prejudicial errors occurred therein." Eskridge v. Washington State Board, 357 U.S. 214, 215 (1958). Such a procedure, this Court said, "cannot be an adequate substitute for the right to full appellate review available to all defendants" *743 who may not be able to afford such an expense. At 216. And in still another case in which "a state officer outside the judicial system" was given the power to deprive an indigent of his appeal by refusing to order a transcript merely because he thought the "appeal would be unsuccessful," we reversed, finding that such a procedure did not meet constitutional standards. Lane v. Brown, 372 U.S. 477 (1963). Here the court-appointed counsel had the transcript but refused to proceed with the appeal because he found no merit in it. He filed a no-merit letter with the District Court of Appeal whereupon the court examined the record itself and affirmed the judgment. On a petition for a writ of habeas corpus some six years later it found the appeal had no merit. It failed, however, to say whether it was frivolous or not, but, after consideration, simply found the petition to be "without merit." The Supreme Court, in dismissing this habeas corpus application, gave no reason at all for its decision and so we do not know the basis for its action. We cannot say that there was a finding of frivolity by either of the California courts or that counsel acted in any greater capacity than merely as amicus curiae which was condemned in Ellis, supra. Hence California's procedure did not furnish petitioner with counsel acting in the role of an advocate nor did it provide that full consideration and resolution of the matter as is obtained when counsel is acting in that capacity. The necessity for counsel so acting is highlighted by the possible disadvantage the petitioner suffered here. In his pro se brief, which was filed in 1959, he urged several trial errors but failed to raise the point that both the judge and the prosecutor had commented to the jury regarding petitioner's failure to testify. In 1965, this Court in Griffin v. California, supra, outlawed California's comment rule, as embodied in Art. I, § 13, of the California Constitution.

*744 III.

The constitutional requirement of substantial equality and fair process can only be attained where counsel acts in the role of an active advocate in behalf of his client, as opposed to that of amicus curiae. The no-merit letter and the procedure it triggers do not reach that dignity. Counsel should, and can with honor and without conflict, be of more assistance to his client and to the court.[3] His role as advocate requires that he support his client's appeal to the best of his ability. Of course, if counsel finds his case to be wholly frivolous, after a conscientious examination of it, he should so advise the court and request permission to withdraw. That request must, however, be accompanied by a brief referring to anything in the record that might arguably support the appeal. A copy of counsel's brief should be furnished the indigent and time allowed him to raise any points that he chooses; the court—not counsel—then proceeds, after a full examination of all the proceedings, to decide whether the case is wholly frivolous. If it so finds it may grant counsel's request to withdraw and dismiss the appeal insofar as federal requirements are concerned, or proceed to a decision on the merits, if state law so requires. On the other hand, if it finds any of the legal points arguable on their merits (and therefore not frivolous) it must, prior to decision, afford the indigent the assistance of counsel to argue the appeal.

*745 The requirement would not force appointed counsel to brief his case against his client but would merely afford the latter that advocacy which a nonindigent defendant is able to obtain. It would also induce the court to pursue all the more vigorously its own review because of the ready references not only to the record, but also to the legal authorities as furnished it by counsel. The no-merit letter, on the other hand, affords neither the client nor the court any aid. The former must shift entirely for himself while the court has only the cold record which it must review without the help of an advocate. Moreover, such handling would tend to protect counsel from the constantly increasing charge that he was ineffective and had not handled the case with that diligence to which an indigent defendant is entitled. This procedure will assure penniless defendants the same rights and opportunities on appeal—as nearly as is practicable —as are enjoyed by those persons who are in a similar situation but who are able to afford the retention of private counsel.

The judgment is reversed and the case is remanded for further proceedings not inconsistent with this opinion.

It is so ordered.

MR. JUSTICE STEWART, whom MR. JUSTICE BLACK and MR. JUSTICE HARLAN join, dissenting.

The system used by California for handling indigent appeals was described by the California Supreme Court in In re Nash, 61 Cal. 2d 491, 495, 393 p. 2d 405, 408:

"We believe that the requirement of the Douglas case [372 U.S. 353] is met . . . when, as in this case, counsel is appointed to represent the defendant on appeal, thoroughly studies the record, consults with the defendant and trial counsel, and conscientiously concludes that there are no meritorious *746 grounds of appeal. If thereafter the appellate court is satisfied from its own review of the record in the light of any points raised by the defendant personally that counsel's assessment of the record is correct, it need not appoint another counsel to represent the defendant on appeal and may properly decide the appeal without oral argument." (Emphasis added.)
The Court today holds this procedure unconstitutional, and imposes upon appointed counsel who wishes to withdraw from a case he deems "wholly frivolous" the requirement of filing "a brief referring to anything in the record that might arguably support the appeal." But if the record did present any such "arguable" issues, the appeal would not be frivolous and counsel would not have filed a "no-merit" letter in the first place.[*]

The quixotic requirement imposed by the Court can be explained, I think, only upon the cynical assumption that an appointed lawyer's professional representation to an appellate court in a "no-merit" letter is not to be trusted. That is an assumption to which I cannot subscribe. I *747 cannot believe that lawyers appointed to represent indigents are so likely to be lacking in diligence, competence, or professional honesty. Certainly there was no suggestion in the present case that the petitioner's counsel was either incompetent or unethical.

But even if I could join in this degrading appraisal of the in forma pauperis bar, it escapes me how the procedure that the Court commands is constitutionally superior to the system now followed in California. The fundamental error in the Court's opinion, it seems to me, is its implicit assertion that there can be but a single inflexible answer to the difficult problem of how to accord equal protection to indigent appellants in each of the 50 States.

Believing that the procedure under which Anders' appeal was considered was free of constitutional error, I would affirm the judgment.

NOTES

[1] Previously, on January 24, 1964, petitioner, while on parole, had been arrested and convicted of the felony of burglary which was affirmed on appeal. We granted certiorari, ante, p. 264, vacated the judgment below and remanded for further consideration in light of Chapman v. California, ante, p. 18.

[2] In re Nash, 61 Cal. 2d 491, 393 P.2d 405 (1964), held that the requirements of Douglas v. California, 372 U.S. 353 (1963), are met in the event appointed counsel thoroughly studies the record, consults with the defendant and trial counsel and conscientiously concludes, and so advises the appellate court, that there are no meritorious grounds of appeal; and provided that the appellate court is satisfied from its own review of the record, in light of any points personally raised by the defendant, that appointed counsel's conclusion is correct. The appeal then proceeds without the appointment of other counsel and decision is reached without argument.

[3] For comparative purposes see Tate v. United States, 123 U. S. App. D. C. 261, 359 F.2d 245, and Johnson v. United States, 124 U. S. App. D. C. 29,  360 F.2d 844, which outline the practice followed in the District of Columbia. These guidelines are elaborated in more detail in a "Statement to be Handed by the Clerk to Appointed Counsel" which has been prepared by the Court of Appeals for the District of Columbia Circuit. We indicate no approval of the requirements set out in the statement or in the cases.

[*] The Court concedes as much when it states such a brief should be filed only when counsel believes the case to be "wholly frivolous" and then goes on to hold "if [the California appellate court] finds any of the legal points arguable on their merits (and therefore not frivolous) it must . . . afford the indigent the assistance of counsel. . . ." Ante, p. 744. (Emphasis added.)

Even accepting the Court's requirement, one would have to perceive an "arguable" issue in Anders' case in order to remand it for a new appeal. The most that all of the courts and lawyers who have examined his case have turned up is a claim that the prosecutor commented on his silence at trial. But Anders' conviction was affirmed by the California District Court of Appeal six years before Griffin v. California, 380 U.S. 609, was decided. Our later decision in Tehan v. Shott, 382 U.S. 406, was based on the premise that prior to Griffin the practice of commenting on the defendant's silence was well established and thus did not raise an "arguable" issue. Cf. O'Connor v. Ohio, 385 U.S. 92.

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text: Eskridge

text: received

text: which

text: this

text: Court

text: condemned

text: that

text: permitted

text: a

text: trial

text: judge

text: to

text: withhold

text: a

text: transcript

text: if

text: he

text: found

text: that

text: a

text: defendant

text: has

text: been

text: accorded

text: a

text: fair

text: and

text: impartial

text: trial

text: and

text: in

text: the

text: Court

text: s

text: opinion

text: no

text: grave

text: or

text: prejudicial

text: errors

text: occurred

text: therein

text: Eskridge

text: v

text: Washington

text: State

text: Board

text: U

text: S

text: Such

text: a

text: procedure

text: this

text: Court

text: said

text: cannot

text: be

text: an

text: adequate

text: substitute

text: for

text: the

text: right

text: to

text: full

text: appellate

text: review

text: available

text: to

text: all

text: defendants

text: who

text: may

text: not

text: be

text: able

text: to

text: afford

text: such

text: an

text: expense

text: At

text: And

text: in

text: still

text: another

text: case

text: in

text: which

text: a

text: state

text: officer

text: outside

text: the

text: judicial

text: system

text: was

text: given

text: the

text: power

text: to

text: deprive

text: an

text: indigent

text: of

text: his

text: appeal

text: by

text: refusing

text: to

text: order

text: a

text: transcript

text: merely

text: because

text: he

text: thought

text: the

text: appeal

text: would

text: be

text: unsuccessful

text: we

text: reversed

text: finding

text: that

text: such

text: a

text: procedure

text: did

text: not

text: meet

text: constitutional

text: standards

text: Lane

text: v

text: Brown

text: U

text: S

text: Here

text: the

text: court

text: appointed

text: counsel

text: had

text: the

text: transcript

text: but

text: refused

text: to

text: proceed

text: with

text: the

text: appeal

text: because

text: he

text: found

text: no

text: merit

text: in

text: it

text: He

text: filed

text: a

text: no

text: merit

text: letter

text: with

text: the

text: District

text: Court

text: of

text: Appeal

text: whereupon

text: the

text: court

text: examined

text: the

text: record

text: itself

text: and

text: affirmed

text: the

text: judgment

text: On

text: a

text: petition

text: for

text: a

text: writ

text: of

text: habeas

text: corpus

text: some

text: six

text: years

text: later

text: it

text: found

text: the

text: appeal

text: had

text: no

text: merit

text: It

text: failed

text: however

text: to

text: say

text: whether

text: it

text: was

text: frivolous

text: or

text: not

text: but

text: after

text: consideration

text: simply

text: found

text: the

text: petition

text: to

text: be

text: without

text: merit

text: The

text: Supreme

text: Court

text: in

text: dismissing

text: this

text: habeas

text: corpus

text: application

text: gave

text: no

text: reason

text: at

text: all

text: for

text: its

text: decision

text: and

text: so

text: we

text: do

text: not

text: know

text: the

text: basis

text: for

text: its

text: action

text: We

text: cannot

text: say

text: that

text: there

text: was

text: a

text: finding

text: of

text: frivolity

text: by

text: either

text: of

text: the

text: California

text: courts

text: or

text: that

text: counsel

text: acted

text: in

text: any

text: greater

text: capacity

text: than

text: merely

text: as

text: amicus

text: curiae

text: which

text: was

text: condemned

text: in

text: Ellis

text: supra

text: Hence

text: California

text: s

text: procedure

text: did

text: not

text: furnish

text: petitioner

text: with

text: counsel

text: acting

text: in

text: the

text: role

text: of

text: an

text: advocate

text: nor

text: did

text: it

text: provide

text: that

text: full

text: consideration

text: and

text: resolution

text: of

text: the

text: matter

text: as

text: is

text: obtained

text: when

text: counsel

text: is

text: acting

text: in

text: that

text: capacity

text: The

text: necessity

text: for

text: counsel

text: so

text: acting

text: is

text: highlighted

text: by

text: the

text: possible

text: disadvantage

text: the

text: petitioner

text: suffered

text: here

text: In

text: his

text: pro

text: se

text: brief

text: which

text: was

text: filed

text: in

text: he

text: urged

text: several

text: trial

text: errors

text: but

text: failed

text: to

text: raise

text: the

text: point

text: that

text: both

text: the

text: judge

text: and

text: the

text: prosecutor

text: had

text: commented

text: to

text: the

text: jury

text: regarding

text: petitioner

text: s

text: failure

text: to

text: testify

text: In

text: this

text: Court

text: in

text: Griffin

text: v

text: California

text: supra

text: outlawed

text: California

text: s

text: comment

text: rule

text: as

text: embodied

text: in

text: Art

text: I

text: of

text: the

text: California

text: Constitution

text: III

text: The

text: constitutional

text: requirement

text: of

text: substantial

text: equality

text: and

text: fair

text: process

text: can

text: only

text: be

text: attained

text: where

text: counsel

text: acts

text: in

text: the

text: role

text: of

text: an

text: active

text: advocate

text: in

text: behalf

text: of

text: his

text: client

text: as

text: opposed

text: to

text: that

text: of

text: amicus

text: curiae

text: The

text: no

text: merit

text: letter

text: and

text: the

text: procedure

text: it

text: triggers

text: do

text: not

text: reach

text: that

text: dignity

text: Counsel

text: should

text: and

text: can

text: with

text: honor

text: and

text: without

text: conflict

text: be

text: of

text: more

text: assistance

text: to

text: his

text: client

text: and

text: to

text: the

text: court

text: His

text: role

text: as

text: advocate

text: requires

text: that

text: he

text: support

text: his

text: client

text: s

text: appeal

text: to

text: the

text: best

text: of

text: his

text: ability

text: Of

text: course

text: if

text: counsel

text: finds

text: his

text: case

text: to

text: be

text: wholly

text: frivolous

text: after

text: a

text: conscientious

text: examination

text: of

text: it

text: he

text: should

text: so

text: advise

text: the

text: court

text: and

text: request

text: permission

text: to

text: withdraw

text: That

text: request

text: must

text: however

text: be

text: accompanied

text: by

text: a

text: brief

text: referring

text: to

text: anything

text: in

text: the

text: record

text: that

text: might

text: arguably

text: support

text: the

text: appeal

text: A

text: copy

text: of

text: counsel

text: s

text: brief

text: should

text: be

text: furnished

text: the

text: indigent

text: and

text: time

text: allowed

text: him

text: to

text: raise

text: any

text: points

text: that

text: he

text: chooses

text: the

text: court

text: not

text: counsel

text: then

text: proceeds

text: after

text: a

text: full

text: examination

text: of

text: all

text: the

text: proceedings

text: to

text: decide

text: whether

text: the

text: case

text: is

text: wholly

text: frivolous

text: If

text: it

text: so

text: finds

text: it

text: may

text: grant

text: counsel

text: s

text: request

text: to

text: withdraw

text: and

text: dismiss

text: the

text: appeal

text: insofar

text: as

text: federal

text: requirements

text: are

text: concerned

text: or

text: proceed

text: to

text: a

text: decision

text: on

text: the

text: merits

text: if

text: state

text: law

text: so

text: requires

text: On

text: the

text: other

text: hand

text: if

text: it

text: finds

text: any

text: of

text: the

text: legal

text: points

text: arguable

text: on

text: their

text: merits

text: and

text: therefore

text: not

text: frivolous

text: it

text: must

text: prior

text: to

text: decision

text: afford

text: the

text: indigent

text: the

text: assistance

text: of

text: counsel

text: to

text: argue

text: the

text: appeal

text: The

text: requirement

text: would

text: not

text: force

text: appointed

text: counsel

text: to

text: brief

text: his

text: case

text: against

text: his

text: client

text: but

text: would

text: merely

text: afford

text: the

text: latter

text: that

text: advocacy

text: which

text: a

text: nonindigent

text: defendant

text: is

text: able

text: to

text: obtain

text: It

text: would

text: also

text: induce

text: the

text: court

text: to

text: pursue

text: all

text: the

text: more

text: vigorously

text: its

text: own

text: review

text: because

text: of

text: the

text: ready

text: references

text: not

text: only

text: to

text: the

text: record

text: but

text: also

text: to

text: the

text: legal

text: authorities

text: as

text: furnished

text: it

text: by

text: counsel

text: The

text: no

text: merit

text: letter

text: on

text: the

text: other

text: hand

text: affords

text: neither

text: the

text: client

text: nor

text: the

text: court

text: any

text: aid

text: The

text: former

text: must

text: shift

text: entirely

text: for

text: himself

text: while

text: the

text: court

text: has

text: only

text: the

text: cold

text: record

text: which

text: it

text: must

text: review

text: without

text: the

text: help

text: of

text: an

text: advocate

text: Moreover

text: such

text: handling

text: would

text: tend

text: to

text: protect

text: counsel

text: from

text: the

text: constantly

text: increasing

text: charge

text: that

text: he

text: was

text: ineffective

text: and

text: had

text: not

text: handled

text: the

text: case

text: with

text: that

text: diligence

text: to

text: which

text: an

text: indigent

text: defendant

text: is

text: entitled

text: This

text: procedure

text: will

text: assure

text: penniless

text: defendants

text: the

text: same

text: rights

text: and

text: opportunities

text: on

text: appeal

text: as

text: nearly

text: as

text: is

text: practicable

text: as

text: are

text: enjoyed

text: by

text: those

text: persons

text: who

text: are

text: in

text: a

text: similar

text: situation

text: but

text: who

text: are

text: able

text: to

text: afford

text: the

text: retention

text: of

text: private

text: counsel

text: The

text: judgment

text: is

text: reversed

text: and

text: the

text: case

text: is

text: remanded

text: for

text: further

text: proceedings

text: not

text: inconsistent

text: with

text: this

text: opinion

text: It

text: is

text: so

text: ordered

text: MR

text: JUSTICE

text: STEWART

text: whom

text: MR

text: JUSTICE

text: BLACK

text: and

text: MR

text: JUSTICE

text: HARLAN

text: join

text: dissenting

text: The

text: system

text: used

text: by

text: California

text: for

text: handling

text: indigent

text: appeals

text: was

text: described

text: by

text: the

text: California

text: Supreme

text: Court

text: in

text: In

text: re

text: Nash

text: Cal

text: d

text: p

text: d

text: We

text: believe

text: that

text: the

text: requirement

text: of

text: the

text: Douglas

text: case

text: U

text: S

text: is

text: met

text: when

text: as

text: in

text: this

text: case

text: counsel

text: is

text: appointed

text: to

text: represent

text: the

text: defendant

text: on

text: appeal

text: thoroughly

text: studies

text: the

text: record

text: consults

text: with

text: the

text: defendant

text: and

text: trial

text: counsel

text: and

text: conscientiously

text: concludes

text: that

text: there

text: are

text: no

text: meritorious

text: grounds

text: of

text: appeal

text: If

text: thereafter

text: the

text: appellate

text: court

text: is

text: satisfied

text: from

text: its

text: own

text: review

text: of

text: the

text: record

text: in

text: the

text: light

text: of

text: any

text: points

text: raised

text: by

text: the

text: defendant

text: personally

text: that

text: counsel

text: s

text: assessment

text: of

text: the

text: record

text: is

text: correct

text: it

text: need

text: not

text: appoint

text: another

text: counsel

text: to

text: represent

text: the

text: defendant

text: on

text: appeal

text: and

text: may

text: properly

text: decide

text: the

text: appeal

text: without

text: oral

text: argument

text: Emphasis

text: added

text: The

text: Court

text: today

text: holds

text: this

text: procedure

text: unconstitutional

text: and

text: imposes

text: upon

text: appointed

text: counsel

text: who

text: wishes

text: to

text: withdraw

text: from

text: a

text: case

text: he

text: deems

text: wholly

text: frivolous

text: the

text: requirement

text: of

text: filing

text: a

text: brief

text: referring

text: to

text: anything

text: in

text: the

text: record

text: that

text: might

text: arguably

text: support

text: the

text: appeal

text: But

text: if

text: the

text: record

text: did

text: present

text: any

text: such

text: arguable

text: issues

text: the

text: appeal

text: would

text: not

text: be

text: frivolous

text: and

text: counsel

text: would

text: not

text: have

text: filed

text: a

text: no

text: merit

text: letter

text: in

text: the

text: first

text: place

text: The

text: quixotic

text: requirement

text: imposed

text: by

text: the

text: Court

text: can

text: be

text: explained

text: I

text: think

text: only

text: upon

text: the

text: cynical

text: assumption

text: that

text: an

text: appointed

text: lawyer

text: s

text: professional

text: representation

text: to

text: an

text: appellate

text: court

text: in

text: a

text: no

text: merit

text: letter

text: is

text: not

text: to

text: be

text: trusted

text: That

text: is

text: an

text: assumption

text: to

text: which

text: I

text: cannot

text: subscribe

text: I

text: cannot

text: believe

text: that

text: lawyers

text: appointed

text: to

text: represent

text: indigents

text: are

text: so

text: likely

text: to

text: be

text: lacking

text: in

text: diligence

text: competence

text: or

text: professional

text: honesty

text: Certainly

text: there

text: was

text: no

text: suggestion

text: in

text: the

text: present

text: case

text: that

text: the

text: petitioner

text: s

text: counsel

text: was

text: either

text: incompetent

text: or

text: unethical

text: But

text: even

text: if

text: I

text: could

text: join

text: in

text: this

text: degrading

text: appraisal

text: of

text: the

text: in

text: forma

text: pauperis

text: bar

text: it

text: escapes

text: me

text: how

text: the

text: procedure

text: that

text: the

text: Court

text: commands

text: is

text: constitutionally

text: superior

text: to

text: the

text: system

text: now

text: followed

text: in

text: California

text: The

text: fundamental

text: error

text: in

text: the

text: Court

text: s

text: opinion

text: it

text: seems

text: to

text: me

text: is

text: its

text: implicit

text: assertion

text: that

text: there

text: can

text: be

text: but

text: a

text: single

text: inflexible

text: answer

text: to

text: the

text: difficult

text: problem

text: of

text: how

text: to

text: accord

text: equal

text: protection

text: to

text: indigent

text: appellants

text: in

text: each

text: of

text: the

text: States

text: Believing

text: that

text: the

text: procedure

text: under

text: which

text: Anders

text: appeal

text: was

text: considered

text: was

text: free

text: of

text: constitutional

text: error

text: I

text: would

text: affirm

text: the

text: judgment

text: NOTES

text: Previously

text: on

text: January

text: petitioner

text: while

text: on

text: parole

text: had

text: been

text: arrested

text: and

text: convicted

text: of

text: the

text: felony

text: of

text: burglary

text: which

text: was

text: affirmed

text: on

text: appeal

text: We

text: granted

text: certiorari

text: ante

text: p

text: vacated

text: the

text: judgment

text: below

text: and

text: remanded

text: for

text: further

text: consideration

text: in

text: light

text: of

text: Chapman

text: v

text: California

text: ante

text: p

text: In

text: re

text: Nash

text: Cal

text: d

text: P

text: d

text: held

text: that

text: the

text: requirements

text: of

text: Douglas

text: v

text: California

text: U

text: S

text: are

text: met

text: in

text: the

text: event

text: appointed

text: counsel

text: thoroughly

text: studies

text: the

text: record

text: consults

text: with

text: the

text: defendant

text: and

text: trial

text: counsel

text: and

text: conscientiously

text: concludes

text: and

text: so

text: advises

text: the

text: appellate

text: court

text: that

text: there

text: are

text: no

text: meritorious

text: grounds

text: of

text: appeal

text: and

text: provided

text: that

text: the

text: appellate

text: court

text: is

text: satisfied

text: from

text: its

text: own

text: review

text: of

text: the

text: record

text: in

text: light

text: of

text: any

text: points

text: personally

text: raised

text: by

text: the

text: defendant

text: that

text: appointed

text: counsel

text: s

text: conclusion

text: is

text: correct

text: The

text: appeal

text: then

text: proceeds

text: without

text: the

text: appointment

text: of

text: other

text: counsel

text: and

text: decision

text: is

text: reached

text: without

text: argument

text: For

text: comparative

text: purposes

text: see

text: Tate

text: v

text: United

text: States

text: U

text: S

text: App

text: D

text: C

text: F

text: d

text: and

text: Johnson

text: v

text: United

text: States

text: U

text: S

text: App

text: D

text: C

text: F

text: d

text: which

text: outline

text: the

text: practice

text: followed

text: in

text: the

text: District

text: of

text: Columbia

text: These

text: guidelines

text: are

text: elaborated

text: in

text: more

text: detail

text: in

text: a

text: Statement

text: to

text: be

text: Handed

text: by

text: the

text: Clerk

text: to

text: Appointed

text: Counsel

text: which

text: has

text: been

text: prepared

text: by

text: the

text: Court

text: of

text: Appeals

text: for

text: the

text: District

text: of

text: Columbia

text: Circuit

text: We

text: indicate

text: no

text: approval

text: of

text: the

text: requirements

text: set

text: out

text: in

text: the

text: statement

text: or

text: in

text: the

text: cases

text: The

text: Court

text: concedes

text: as

text: much

text: when

text: it

text: states

text: such

text: a

text: brief

text: should

text: be

text: filed

text: only

text: when

text: counsel

text: believes

text: the

text: case

text: to

text: be

text: wholly

text: frivolous

text: and

text: then

text: goes

text: on

text: to

text: hold

text: if

text: the

text: California

text: appellate

text: court

text: finds

text: any

text: of

text: the

text: legal

text: points

text: arguable

text: on

text: their

text: merits

text: and

text: therefore

text: not

text: frivolous

text: it

text: must

text: afford

text: the

text: indigent

text: the

text: assistance

text: of

text: counsel

text: Ante

text: p

text: Emphasis

text: added

text: Even

text: accepting

text: the

text: Court

text: s

text: requirement

text: one

text: would

text: have

text: to

text: perceive

text: an

text: arguable

text: issue

text: in

text: Anders

text: case

text: in

text: order

text: to

text: remand

text: it

text: for

text: a

text: new

text: appeal

text: The

text: most

text: that

text: all

text: of

text: the

text: courts

text: and

text: lawyers

text: who

text: have

text: examined

text: his

text: case

text: have

text: turned

text: up

text: is

text: a

text: claim

text: that

text: the

text: prosecutor

text: commented

text: on

text: his

text: silence

text: at

text: trial

text: But

text: Anders

text: conviction

text: was

text: affirmed

text: by

text: the

text: California

text: District

text: Court

text: of

text: Appeal

text: six

text: years

text: before

text: Griffin

text: v

text: California

text: U

text: S

text: was

text: decided

text: Our

text: later

text: decision

text: in

text: Tehan

text: v

text: Shott

text: U

text: S

text: was

text: based

text: on

text: the

text: premise

text: that

text: prior

text: to

text: Griffin

text: the

text: practice

text: of

text: commenting

text: on

text: the

text: defendant

text: s

text: silence

text: was

text: well

text: established

text: and

text: thus

text: did

text: not

text: raise

text: an

text: arguable

text: issue

text: Cf

text: O

text: Connor

text: v

text: Ohio

text: U

text: S