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Pennsylvania Vs. Finley

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  • US Supreme Court
  • May 18, 1987

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69 entries 9 linked 60 unlinked
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  1. Ross Vs. Moffitt US Supreme Court · Jun 17, 1974
  2. Polk County Vs. Dodson US Supreme Court · Dec 14, 1981
  3. Johnson Vs. Avery US Supreme Court · Feb 24, 1969
  4. Ake Vs. Oklahoma US Supreme Court · Feb 26, 1986
    Relied / Followed
  5. Michigan Vs. Long US Supreme Court · Jul 06, 1983
  6. Evitts Vs. Lucey US Supreme Court · Jan 21, 1985
  7. Mckane Vs. Durston US Supreme Court · May 14, 1894
  8. United States Vs. Maccollom US Supreme Court · Jun 10, 1976
  9. Cox Broadcasting Corp. Vs. Cohn US Supreme Court · Mar 03, 1975
  10. U.S. 551 (1987) U.S. Supreme Court Pennsylvania v. Finley
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  11. U.S. 551 (1987) Pennsylvania v. Finley
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  12. respondent's constitutional rights, and remanded the case for further proceedings. The Superior Court relied on Anders v. California
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  13. federal constitutional right to counsel when pursuing a discretionary appeal on direct review of his conviction, Ross v. Moffitt
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  14. Clause of the Fourteenth Amendment requires that counsel's actions comport with the Anders procedures. Evitts v. Lucey
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  15. holding in Anders was based on the underlying constitutional right to appointed counsel established in Douglas v. California
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  16. prisoners have a constitutional right to counsel when mounting collateral attacks upon their convictions, see Johnson v. Avery
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  17. further. Thus, we have rejected suggestions that we establish a right to counsel on discretionary appeals. Wainwright v. Torna
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  18. right when attacking a conviction that has long since become final upon exhaustion of the appellate process. See Boyd v. Dutton
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  19. U. S. 1 , 405 U. S. 7 , n. 2 (1972) (POWELL, J., dissenting). In Ross v. Moffitt
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  20. Page 481 U. S. 556 defendant's consent, it is clear that the State need not provide any appeal at all. McKane v. Durston
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  21. review. It is not part of the criminal proceeding itself, and it is in fact considered to be civil in nature. See Fay v. Noia
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  22. through direct review of his conviction. States have no obligation to provide this avenue of relief, cf. United States v. MacCollom
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  23. procedures which were designed solely to protect that underlying constitutional right. Respondent relies on Evitts v. Lucey
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  24. s argument that, since it need not provide an appeal in the first place, see Page 481 U. S. 558 McKane v. Durston
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  25. here has suffered no deprivation, assuming for the moment that the Due Process Clause is relevant. Cf. Wainright v. Torna
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  26. erred in its belief that the United States Constitution required the application of the procedures mandated by Anders v. California
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  27. those established by Anders v. California
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  28. U. S. 738 (1967), by Commonwealth v. McClendon
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  29. to the client. The trial court may grant counsel's request to withdraw after a full examination of the record. Anders v. California
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  30. the independence of the state grounds, since there was no federal law interwoven with this determination. See Michigan v. Long
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  31. the McClendon procedures -- not the Anders requirements -- are required on collateral review. Commonwealth v. McGeth
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  32. Supreme Court has never held that Anders procedures are required on collateral review. In Commonwealth v. Lowenberg
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  33. adversarial legal interests, there is no case or controversy regarding the adequacy of McClendon . See Steffel v. Thompson
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  34. appellate review, for which appointment of counsel is not required by the Federal Constitution under Ross v. Moffitt
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  35. Commonwealth v. Mitchell
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  36. it must ensure that it is not withdrawn in a manner inconsistent with equal protection and due process. See Evitts v. Lucey
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  37. Herring v. New
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  38. Suggs v. United
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  39. while a person who can afford it obtains meaningful review. Douglas v. California
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  40. lower court complies with the alternative requirements enunciated by the Pennsylvania Supreme Court in Commonwealth v. McClendon
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  41. yet chosen which procedure to follow, there is no final judgment or decree that we can review. Cf. Republic Gas Co. v. Oklahoma
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  42. Public Workers v. Mitchell
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  43. Cox Broadcasting Corp. v. Cohn
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  44. Under Pennsylvania law, the State Supreme Court's refusal to review is not a decision on the merits. See Commonwealth v. Britton
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  45. Dayton v. Dayton
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  46. does not preclude a determination of this case under the Commonwealth's own laws and Constitution. See South Dakota v. Opperman
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  47. this Court's 1967 decision in Anders v. California
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  48. test of Michigan v. Long
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  49. Court of the United States are far too rare to make it appropriate for them to become familiar with the Michigan v. Long
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  50. U.S. Supreme Court Pennsylvania v. Finley
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