[Footnote 8] Thus, I would dismiss the petition as improvidently granted. Had it not done so, this Court could not have accepted jurisdiction of the petition because cases originating in a state court may not be reviewed here unless the judgment was "rendered by the highest court of a State in which a decision could be had." U.S. 551, 565] [481 McCoy v. Court of Appeals of Wisconsin, District 1, ___ U.S. ___, ___, 108 S. Ct. 1895, 1901, 100 L. Ed. (emphasis added). The judgment of sentence was affirmed by the Supreme Court of Pennsylvania. The holding in Anders was based on the underlying constitutional right to appointed counsel established in Douglas v. California, 372 U. S. 353 (1963).

the judges in that office will be subject to direct review by the Supreme Court of the United States are far too rare to make it appropriate for them to become familiar with the Michigan v. Long presumption.

When the Pennsylvania Supreme Court dismissed the Commonwealth's appeal as improvidently granted, it did not accompany its order with any statement of reasons. Respondent acquired new appointed counsel and pursued an appeal to the Superior Court. Tr. See: Commonwealth v. Payne, 327 Pa.Super. We think that since a defendant has no federal constitutional right to counsel when pursuing a discretionary appeal on direct review of his conviction, a fortiori, he has no such right when attacking a conviction that has long since become final upon exhaustion of the appellate process. Noting that, "[t]he right to appeal would be unique among state actions if it could be withdrawn without consideration of applicable due process Clause,". 497 Pa., at 334-335, 440 A. No. Academic Content. U.S. 738 [ Accessed 12 Sep. 2020. (1974).

In so doing, counsel must serve the best interests of the client. It is denigrating enough to require the justices of the 50 State Supreme Courts to include such a statement in their decisions, without demanding the same of the 716 state appellate judges or all 20,000 state court judges who decide cases that could conceivably be reviewed by this Court. Pennsylvania v. Finley. 415 In this case, the Pennsylvania Superior Court explicitly stated that it was applying "Pennsylvania law concerning procedures to be followed when a court-appointed attorney sees no basis for an appeal." Superior Court.'" Equal protection therefore requires the imposition of the Anders requirements. result of the State's decision, not the command of the Federal Constitution. Id. 2d, at 571 ("[C]ompliance was unnecessary" if counsel conducted an exhaustive examination of the record and the lower court concludes that the petitioner's claims are completely frivolous). This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. I would not take yet another step down the jurisdiction-expanding path marked by Michigan v. Long, see Delaware v. Van Arsdall, 2d, at 1184-1185.

She raised the same issues that the Supreme Court of Pennsylvania had rejected on the merits. The McClendon procedures require "an exhaustive examination of the record" by counsel and an "independent determination" by the court that the petition is wholly frivolous. The, "very premise of our adversarial system . Consequently, though I am inclined to agree with Judge Wieand that the promulgation of a rule for future cases is unnecessary to the disposition of this case and beyond the function of this Court, in response to the suggestion of the majority regarding Turner's implications for future cases, I note that I would definitely not construe Turner to require that a Finley letter contain an explanation of "why petitioner's issues were meritless.".

*.

Rather, Anders established a prophylactic framework that is relevant when, and only when, a litigant has a previously established constitutional right to counsel. Before the Commonwealth of Pennsylvania petitioned this Court for a writ of certiorari, it sought review of the Superior Court's judgment in the Supreme Court of Pennsylvania. The Anders procedures require counsel to perform a conscientious evaluation of the record, to write a brief referring to "arguable" support in the record, and to give notice to the client. U.S., at 744 313, 318, 479 A.2d 568, 570 (1984) (emphasis added). [481 2d 539 (1987). The Superior Court stated that Finley's appellant counsel was able to list several issues "which may have arguable merit" simply by reviewing the "bare record available in the. 17. In Anders, this Court held that when an attorney appointed to represent an indigent defendant on direct appeal finds a case wholly frivolous: We think that the court below improperly relied on the United States Constitution to extend the Anders procedures to postconviction proceedings.

U.S. 551, 553]

U.S. 551, 564] That court unanimously affirmed the conviction. See Evitts v. Lucey, 469 U. S. 387, 469 U. S. 400 (1985); Ross v. Moffitt, supra; Johnson v. Avery, 393 U. S. 483, 393 U. S. 488 (1969); Smith v. Bennett, 365 U. S. 708, 365 U. S. 713 (1961). No Anders brief or notice to client is required. This reliance on state grounds independently and adequately justified the Superior Court's remand. Now, I think the starting point for that consideration is twofold.
The performance of Finley's counsel also violated the Equal Protection Clause. See Michigan v. Long, 463 U. S. 1032, 463 U. S. 1041 (1983). COMMONWEALTH of Pennsylvania, Appellee, 195-248 (June 1986) (figure for all judges). JUSTICE BLACKMUN, concurring in the judgment. The Superior Court relied on Anders v. California, 2d 539 (1987), the Supreme Court of the United States held that the Anders decision, which had been based on the constitutional right to appointed counsel as established in Douglas v.

2d, at 571-572. There is no need for a plain statement indicating the independence of the state grounds, since there was no federal law interwoven with this determination. JUSTICE BRENNAN, with whom JUSTICE MARSHALL joins, dissenting. 313, 479 A.2d 568, reversed and remanded. Security, Unique
As for federal precedents, the court simply noted that state law in the area was "derived from" this Court's 1967 decision in Anders v. California, 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.". Douglas v. California, 372 U. S. 353, 372 U. S. 358 (1963). . petition was properly dismissed. at 321, 479 A.2d at 571-572.

This case is on remand from the United States Supreme Court,[1] which, in reversing a three-judge panel of this Court,[2] concluded that federal constitutional law did not require that Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. , a fortiori, he has no such right when attacking, in postconviction proceedings, a conviction that has become final upon exhaustion of the appellate process. United States v. MacCollom, 85-2099. .". Judge Blake indicated in his opinion that he looked at the entire record. Justia makes no guarantees or warranties that the annotations are accurate or reflect the current state of law, and no annotation is intended to be, nor should it be construed as, legal advice. Tr.

475 . 5. Without bothering to identify the basis for federal jurisdiction in this case, the Court blithely assumes that the decision below does not rest on an independent and adequate state ground. . The Court transforms Finley's right to effective counsel into a right to a meaningless ritual. § 1257. 313, 479 A.2d 568 (1984) (Rowley, J. dissenting), rev'd sub nom Pennsylvania v. Finley, 481 U.S. 551 , 107 S. Ct. 1990 , 95 L. Ed.

The attorney also failed to inform Finley of her right to seek new counsel or to proceed pro se before the trial court. Having failed on direct appeal, respondent, proceeding pro se, sought relief from the trial court under the Pennsylvania Post Conviction Hearing Act.

Respondent argues that by allowing counsel to represent her without complying with Anders, the Court of Common Pleas improperly deprived her of her state-law right to "effective" assistance. 479 The trial court conducted an independent review of the record and agreed that there were no issues even arguably meritorious. Cf. 497 Pa. 332, 334, 440 A. Second, the validity of the McClendon requirements is not at issue in this case, and is not briefed by the litigants. The court, however, ordered that the appeal be dismissed "as having been improvidently granted." 2d, at 571.

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