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Penson Vs. Ohio

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  • US Supreme Court
  • Nov 29, 1988

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63 entries 10 linked 53 unlinked
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  1. Gideon Vs. Wainwright US Supreme Court · Mar 18, 1963
  2. United States Vs. Cronic US Supreme Court · May 14, 1984
  3. Polk County Vs. Dodson US Supreme Court · Dec 14, 1981
  4. Von Moltke Vs. Gillies US Supreme Court · Jan 19, 1948
  5. Strickland Vs. Washington US Supreme Court · May 14, 1984
  6. GriffIn Vs. Illinois US Supreme Court · Apr 23, 1956
  7. Douglas Vs. California US Supreme Court · Mar 18, 1963
  8. Ross Vs. Moffitt US Supreme Court · Jun 17, 1974
  9. Kimmelman Vs. Morrison US Supreme Court · Jun 26, 1986
  10. Evitts Vs. Lucey US Supreme Court · Jan 21, 1985
  11. U.S. 75 (1988) U.S. Supreme Court Penson v. Ohio
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  12. U.S. 75 (1988) Penson v. Ohio
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  13. adequate representation on appeal by the Ohio Court of Appeals' failure to follow the procedures set forth in Anders v. California
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  14. In cases such as this, it is inappropriate to apply either the lack of prejudice standard of Strickland v. Washington
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  15. U. S. 668 , or the harmless error analysis of Chapman v. California
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  16. U. S. 89 . Page 488 U. S. 77 JUSTICE STEVENS delivered the opinion of the Court. In Anders v. California
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  17. Brief for Petitioner in Anders v. California
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  18. certiorari, 484 U.S. 1059 (1988), and now reverse. II Approximately a quarter of a century ago, in Douglas v. California
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  19. Four years later, in Anders v. California
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  20. Anders itself, 386 U.S. at 386 U. S. 745 , and was again emphasized last Term. In our decision in McCoy v. Court
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  21. This requirement was plainly stated in Ellis v. United
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  22. Kimmelman v. Morrison
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  23. a criminal defendant will be able adequately to test the government's case, for, as Justice Sutherland wrote in Powell v. Alabama
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  24. not forgone and that substantial legal and factual arguments are not inadvertently passed over. As we stated in Evitts v. Lucey
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  25. indicates both that petitioner has failed to show prejudice under Strickland v. Washington
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  26. U. S. 668 (1984), and also that any error was harmless under Chapman v. California
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  27. the services of an attorney Page 488 U. S. 87 devoted solely to the interests of his client. Glasser v. United
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  28. U.S. at 466 U. S. 692 . Our decision in United States v. Cronic
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  29. U.S. at 386 U. S. 23 , and n. 8. And more recently, in Satterwhite v. Texas
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  30. The present case is unlike a case in which counsel fails to press a particular argument on appeal, cf. Jones v. Barnes
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  31. Tr. of Record in Anders v. California
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  32. Nichols v. Gagnon
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  33. of either counsel's failure to file an Anders brief or the court's failure to appoint new counsel. Cf. Kimmelman v. Morrison
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  34. have reached a like conclusion when faced with similar denials of appellate counsel. See United States ex rel. Thomas v. O'Leary
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  35. Freels v. Hills
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  36. Jenkins v. Coombe
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  37. Cannon v. Berry
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  38. Sanders v. Clarke
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  39. Lockhart v. McCotter
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  40. Griffin v. West
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  41. to emphasize that nothing in the Court's opinion forecloses the possibility that a mere technical violation of Anders v. California
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  42. The Court has construed this language to include not only the right to assistance of counsel at trial, Gideon v. Wainwright
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  43. U. S. 335 (1963), but also to the assistance of counsel on appeal. Douglas v. California
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  44. simply to the assistance of counsel, but also to the effective assistance of counsel, both at trial, see United States v. Cronic
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  45. U. S. 668 (1984), and on appeal, see Evitts v. Lucey
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  46. S. 616 (1974). The Court today loses sight of this, and instead seeks to engraft onto our decision in Anders v. California
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  47. See Polk County v. Dodson
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  48. U.S. Supreme Court Penson v. Ohio
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  49. of Strickland v. Washington
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  50. of Chapman v. California
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