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Smith Vs. Robbins

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  • US Supreme Court
  • Oct 05, 1999

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71 entries 9 linked 62 unlinked
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  1. Spencer Vs. Texas US Supreme Court · Jan 23, 1967
  2. Murray Vs. Giarratano US Supreme Court · Jun 23, 1989
  3. Evitts Vs. Lucey US Supreme Court · Jan 21, 1985
  4. Rinaldi Vs. Yeager US Supreme Court · May 31, 1966
  5. Douglas Vs. California US Supreme Court · Mar 18, 1963
    Relied / Followed
  6. United States Vs. Cronic US Supreme Court · May 14, 1984
  7. Ross Vs. Moffitt US Supreme Court · Jun 17, 1974
  8. Mckane Vs. Durston US Supreme Court · May 14, 1894
  9. Nix Vs. Whiteside US Supreme Court · Feb 26, 1986
  10. U.S. 259 (1999) October Term, 1999 Syllabus Smith, Warden V. Robbins
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  11. court allow him to withdraw or that the court dispose of the case without the filing of merits briefs. In Anders v. California
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  12. and set forth an acceptable procedure. California adopted a new procedure in People v. Wende
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  13. applied a presumption of prejudice. The Ninth Circuit agreed, concluding that Anders, together with Douglas v. California
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  14. that the Fourteenth Amendment requires, this Court placed the case within a line of precedent beginning with Griffin v. Illinois
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  15. U. S. 12 , and continuing with Douglas v. California
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  16. and the Ninth Circuit's view runs contrary to this Court's established practice. In McCoy v. Court
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  17. even though that variation, in at least one respect, provided less effective advocacy for an indigent. In Pennsylvania v. Finley
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  18. that could adequately vindicate the right to appellate counsel announced in Douglas. Similarly, in Penson v. Ohio
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  19. Cruzan v. Director
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  20. inadequate in Anders, and also in finding inadequate the procedures that the Court reviewed in Eskridge v. Washington
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  21. Bd. of Prison Terms and Paroles, 357 U. S. 214 , and Lane v. Brown
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  22. to withdraw and then decide the appeal without appointing new counsel. Such a procedure was struck down in Pen son v. Ohio
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  23. The Court addresses not what is prudent or appropriate, but what is constitutionally compelled. United States v. Cronic
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  24. strong those issues are. The proper standard for evaluating Robbins' claim on remand is that enunciated in Strickland v. Washington
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  25. a defendant's right to appellate counsel. I A Under California's new procedure, established in People v. Wende
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  26. P. 2d 1071, 1074-1075 (1979), and followed in numerous cases since then, see, e. g., People v. Rowland
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  27. People v. Hackett
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  28. he contended that there was insufficient evidence to support his conviction and that the prosecutor violated Brady v. Maryland
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  29. assistance of appellate counsel because his appellate counsel's Wende brief failed to comply with Anders v. California
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  30. s habeas petition, since he filed his petition before that Act's effective date of April 24, 1996. See Lindh v. Murphy
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  31. with the District Court on the Anders issue. In the Ninth Circuit's view, Anders, together with Douglas v. California
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  32. reviewed the four claims in his pro se brief and affirmed, finding no error (or no prejudicial error). People v. Anders
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  33. that the Wende procedure is unconstitutional because it differs from the Anders procedure. See Delgado v. Lewis
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  34. Davis v. Kramer
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  35. Id., at 741. We placed the case within a line of precedent beginning with Griffin v. Illinois
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  36. appeals by indigents with appointed counsel. Anders, supra, at 741-743. We relied in particular on Ellis v. United
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  37. Constitution does not, however, require States to create appellate review in the first place. See, e. g., Ross v. Moffitt
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  38. U. S. 600 , 606 (1974) (citing McKane v. Durston
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  39. U. S. 684 , 687 (1894)). 6The same was true in Ellis itself. See Ellis v. United
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  40. the broad bounds of the Constitution, to experiment with solutions to difficult questions of policy. In McCoy v. Court
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  41. likely to rule against the indigent than if the court had simply received an Anders brief. In Pennsylvania v. Finley
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  42. that the Constitution itself does not compel the Anders procedure, we suggested otherwise. Similarly, in Penson v. Ohio
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  43. requirements of the Fourteenth Amendment, to experiment with solutions to difficult problems of policy. In Griffin v. Illinois
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  44. U. S. 554 , 564 (1967) (citing, inter alia, Griffin, supra). Accord, Medina v. California
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  45. Amendment and some from the Due Process Clause of that Amendment.''' Evitts, supra, at 403 (quoting Ross v. Moffitt
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  46. Arizona v. Clark
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  47. compared to the legal assistance that a defendant with paid counsel would receive, McCoy v. Court
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  48. see also United States v. Cronic
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  49. cf. Nix v. Whiteside
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  50. Ellis v. United
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