anders state argued march decided may rehearing denied june see ira michael heyman petitioner george roth los angeles respondent justice clark delivered opinion concerned extent duty appointed appellate counsel prosecute first appeal criminal conviction attorney conscientiously determined merit indigent appeal convicted felony possession marijuana petitioner sought appeal moved california district appeal appoint counsel motion granted however study record consultation petitioner appointed counsel concluded merit appeal advised letter time informed petitioner wished file brief behalf juncture petitioner requested appointment another attorney request denied petitioner proceeded file brief pro se state responded petitioner filed reply brief january district appeal unanimously affirmed conviction people anders january petitioner filed application writ habeas corpus district appeal sought case reopened application raised issue deprivation right counsel original appeal refusal appoint counsel appellate stage proceedings denied application day brief unreported memorandum opinion stated reviewed record determined appeal without merit also stated procedure prescribed nash followed case june petitioner submitted petition writ habeas corpus california petition denied without opinion july among trial errors petitioner claimed judge prosecutor commented failure testify contrary holding griffin state california concluded california action comport fair procedure lacks equality required fourteenth amendment decade continuing line cases reached concerning discrimination indigent dfe ndant first appeal beginning griffin people state illinois held equal justice afforded indigent appellant nature review amount money continuing douglas people state california consistently held invalid procedures rich man appeals right enjoys benefit counsel examination record research law marshalling arguments behalf indigent already burdened preliminary determination case without merit forced shift indeed federal courts advice counsel long required whenever defendant challenges certification appeal taken good faith johnson representation must role advocate ellis rather amicus curiae ellis supra concluded counsel convinced conscientious investigation appeal frivolous course may ask withdraw account satisfied counsel diligently investigated possible grounds appeal agrees counsel evaluation case leave withdraw may allowed leave appeal may denied gideon wainwright sixth amendment requirement accused shall enjoy right assistance counsel defence made obligatory fourteenth amendment holding adversary system criminal justice person haled poor hire lawyer assured fair trial unless counsel provided continue adhere principles ii petitioner case appointed counsel wrote district appeal stating file brief appeal opinion merit appeal visited communicated anders explained may views opinions wishes file brief matter behalf district appeal examined record affirmed conviction believe counsel bare conclusion evidenced letter enough smacks treatment eskridge received condemned permitted trial judge withhold transcript found defendant accorded fair impartial trial opinion grave prejudicial errors occurred therein eskridge washington state board procedure said adequate substitute right full appellate review available defendants may able afford expense still another case state officer outside judicial system given power deprive indigent appeal refusing order transcript merely thought unsuccessful reversed finding procedure meet constitutional standards lane brown counsel transcript refused proceed appeal found merit filed letter district appeal whereupon examined record affirmed judgment petition writ habeas corpus six years later found appeal nome rit failed however say whether frivolous consideration simply found petition merit dismissing habeas corpus application gave reason decision know basis action say finding frivolity either california courts counsel acted greater capacity merely amicus curiae condemned ellis supra hence california procedure furnish petitioner counsel acting role advocate provide full consideration resolution matter obtained counsel acting capacity necessity counsel acting highlighted possible disadvantage petitioner suffered pro se brief filed urged several trial errors failed raise point judge prosecutor commented jury regarding petitioner failure testify griffin state california supra outlawed california comment rule embodied art california constitution iii constitutional requirement substantial equality fair process attained counsel acts role active advocate behalf client opposed amicus curiae letter procedure triggers reach dignity counsel honor without conflict assistance client role advocate requires support client appeal best ability course counsel finds case wholly frivolous conscientious examination advise request permission withdraw request must however accompanied brief referring anything record might arguably support appeal copy counsel brief furnished indigent time allowed raise points chooses proceeds full examination proceedings decide whether case wholly frivolous finds may grant counsel request withdraw dismiss appeal insofar federal requirements concerned proceed decision merits state law requires hand finds legal points arguable merits therefore frivolous must prior decision afford indigent assistance counsel argue appeal requirement force appointed counsel brief case client merely afford latter advocacy nonindigent defendant able obtain also induce pursue vigorously review ready references record also legal authorities furnished counsel letter hand affords neither client aid former must shift entirely cold record must review without help advocate moreover handling tend protect counsel constantly increasing charge ineffective handled case diligence indigent defendant entitled procedure assure penniless defendants rightsan opportunities nearly enjoyed persons similar situation able afford retention private counsel judgment reversed case remanded proceedings inconsistent opinion ordered judgment reversed case remanded may justice stewart justice black justice harlan join dissenting system used california handling indigent appeals described california nash believe requirement douglas case met case counsel appointed represent defendant appeal thoroughly studies record consults defendant trial counsel conscientiously concludes meritorious grounds appeal thereafter appellate satisfied review record light points raised defendant personally counsel assessment record correct need appoint another counsel represent defendant appeal may properly decide appeal without oral argument emphasis added today holds procedure unconstitutional imposes upon appointed counsel wishes withdraw case deems frivolous requirement filing brief referring anything record might arguably support appeal record present issues appeal frivolous counsel filed letter first place quixotic requirement imposed explained think upon cynical assumption appointed lawyer professional representation appellate letter trusted assumption subscribe believe lawyers appointed represent indigents likely lacking diligence competence professional honesty certainly suggestion present case petitioner counsel either incompetent unethical even join degrading appraisal forma pauperis bar escapes procedure commands constitutionally superior system followed california fundamental error opinion seems implicit assertion single inflexible answer difficult problem accord equal protection indigent appellants believing procedure anders appeal considere free constitutional error affirm judgment footnotes previously january petitioner parole arrested convicted felony burglary affirmed appeal granted certiorari vacated judgment remanded consideration light chapman california nash held requirements douglas people state california met event appointed counsel thoroughly studies record consults defendant trial counsel conscientiously concludes advises appellate meritorious grounds appeal provided appellate satisfied review record light points personally raised defendant appointed counsel conclusion correct appeal proceeds without appointment counsel decision reached without argument comparative purposes see tate johnson outline practice followed district columbia guidelines elaborated detail handed clerk appointed counsel prepared appeals district columbia circuit indicate approval requirements set statement cases concedes much brief filed counsel believes case frivolous goes hold california appellate finds legal points arguable merits therefore frivolous must afford indigent assistance counsel ante emphasis added even accepting requirement one perceive issue anders case order remand new appeal courts lawyers examined case turned claim prosecutor commented silence trial anders conviction affirmed california district appeal six years griffin state california decided later decision tehan ex rel shott based premise prior griffin practice commenting defendant silence well established thus raise issue cf ohio