jones barnes argued february decided july respondent convicted robbery assault jury trial new york state counsel appointed represent appeal respondent informed counsel several claims felt raised counsel rejected suggested claims stating aid respondent obtaining new trial raised appeal based evidence record counsel listed seven potential claims error considering including brief invited respondent reflections suggestions regard claims counsel brief appellate division new york concentrated three claims two originally suggested respondent addition respondent pro se briefs filed oral argument counsel argued points presented brief arguments raised pro se briefs appellate division affirmed conviction respondent unsuccessful earlier collateral proceedings attacking conviction filed action federal district seeking habeas corpus relief basis appellate counsel provided ineffective assistance district denied relief appeals reversed concluding anders california held appointed attorney must advocate client cause vigorously may withdraw nonfrivolous appeal appointed counsel must present appeal nonfrivolous arguments requested client appeals held respondent counsel met standard failed present certain nonfrivolous claims held defense counsel assigned prosecute appeal criminal conviction constitutional duty raise every nonfrivolous issue requested defendant accused ultimate authority make certain fundamental decisions regarding case including decision whether take appeal limitations may elect act advocate however indigent defendant constitutional right compel appointed counsel press nonfrivolous points requested client counsel matter professional judgment decides present points promulgating per se rule client must allowed decide issues pressed appeals seriously undermined ability counsel present client case accord counsel professional evaluation experienced advocates emphasized importance winnowing weaker arguments appeal focusing one central issue possible key issues selecting promising issues review assumed greater importance era time oral argument strictly limited courts page limits briefs widely imposed decision anders far giving support appeals rule contrary anders recognized advocate role requires support client appeal best ability appointed counsel case pp reversed burger delivered opinion white powell rehnquist stevens joined blackmun filed opinion concurring judgment post brennan filed dissenting opinion marshall joined post barbara underwood argued cause petitioners briefs elizabeth holtzman sheila ginsberg riesel argued cause respondent brief alan mansfield solicitor general lee assistant attorney general jensen deputy solicitor general frey edwin kneedler deborah watson filed brief amicus curiae urging reversal vincent aprile ii filed brief national legal aid defender association amicus curiae urging affirmance chief justice burger delivered opinion granted certiorari consider whether defense counsel assigned prosecute appeal criminal conviction constitutional duty raise every nonfrivolous issue requested defendant richard butts robbed knifepoint four men lobby apartment building badly beaten watch money taken butts informed housing authority detective recognized one assailants person known froggy gave physical description person detective following day detective arrested respondent david barnes known froggy respondent charged robbery assault larceny prosecution rested primarily upon butts testimony identification respondent defense counsel asked butts whether ever undergone psychiatric treatment however offer proof made substance relevance question trial judge sua sponte instructed butts answer close trial trial judge declined give instruction accessorial liability requested defense jury convicted respondent robbery assault appellate division new york second department assigned michael melinger represent respondent appeal respondent sent melinger letter listing several claims felt raised included claims butts identification testimony suppressed trial judge improperly excluded psychiatric evidence respondent trial counsel ineffective respondent also enclosed copy pro se brief written return letter melinger accepted rejected suggested claims stating aid respondent obtaining new trial raised appeal based evidence record melinger listed seven potential claims error considering including brief invited respondent reflections suggestions regard seven issues record reveal response letter melinger brief appellate division concentrated three seven points raised letter respondent improper exclusion psychiatric evidence failure suppress butts identification testimony improper respondent trial judge addition melinger submitted respondent pro se brief thereafter respondent filed two pro se briefs raising three seven issues melinger identified oral argument melinger argued three points presented brief arguments raised pro se briefs may appellate division affirmed summary order new york barnes app div new york appeals denied leave appeal new york barnes august respondent filed pro se petition writ habeas corpus district eastern district new york respondent raised five claims error including ineffective assistance trial counsel district held claims without merit dismissed petition ex rel barnes jones appeals second circuit affirmed denied petition writ certiorari respondent filed two challenges state march filed motion trial collateral review sentence motion denied april leave appeal denied october meanwhile march filed petition new york appeals reconsideration denial leave appeal petition respondent first time claimed appellate counsel melinger provided ineffective assistance new york appeals denied application april new york barnes respondent returned district second time petition habeas corpus based claim ineffective assistance appellate counsel district concluded respondent exhausted state remedies dismissed petition holding record gave support claim ineffective assistance appellate counsel standard reasonably applied edny reprinted app pet cert district concluded required attorney argue every conceivable issue appeal especially may without merit indeed professional duty choose among potential issues according judgment merit tactical approach ppointed counsel unwillingness present particular arguments appellant request functions abridge defendant right counsel appeal also limit defendant constitutional right equal access appellate process concluded melinger met standard failed press least two nonfrivolous claims trial judge failure instruct accessory liability ineffective assistance trial counsel fact issues raised respondent pro se briefs cure error since pro se brief substitute advocacy experienced counsel ibid reversed remanded instructions grant writ habeas corpus unless state assigned new counsel granted new appeal circuit judge meskill dissented stating majority overextended anders view anders concerned whether attorney must pursue nonfrivolous appeals imply attorneys must advance nonfrivolous issues granted certiorari reverse ii announcing new per se rule appellate counsel must raise every nonfrivolous issue requested client appeals relied primarily upon anders california supra course constitutional right appeal griffin illinois douglas california held appeal open pay appeal must provided indigent also recognized accused ultimate authority make certain fundamental decisions regarding case whether plead guilty waive jury testify behalf take appeal see wainwright sykes burger concurring aba standards criminal justice ed addition held limitations defendant may elect act advocate faretta california neither anders decision suggests however indigent defendant constitutional right compel appointed counsel press nonfrivolous points requested client counsel matter professional judgment decides present points holding state must provide counsel indigent appellant first appeal right recognized superior ability trained counsel examination record research law marshalling arguments appellant behalf douglas california supra yet promulgating per se rule client professional advocate must allowed decide issues pressed appeals seriously undermines ability counsel present client case accord counsel professional evaluation experienced advocates since time beyond memory emphasized importance winnowing weaker arguments appeal focusing one central issue possible key issues justice jackson observing appellate advocates many years stated one first tests discriminating advocate select question questions present orally legal contentions like currency depreciate mind appellate judge habitually receptive suggestion lower committed error receptiveness declines number assigned errors increases multiplicity hints lack confidence one xperience bench convinces multiplying assignments error dilute weaken good case save bad one jackson advocacy temple cases present one two three significant questions usually win major points others likely help attempt deal great many limited number pages allowed briefs mean none may receive adequate attention effect adding weak arguments dilute force stronger ones stern appellate practice decision anders far giving support new per se rule announced appeals contrary anders recognized role advocate requires support client appeal best ability appointed counsel judges reasonable professional judgments impose appointed counsel duty raise every colorable claim suggested client disserve goal vigorous effective advocacy underlies anders nothing constitution interpretation document requires standard judgment appeals accordingly reversed footnotes respondent letter record contents may inferred melinger letter response time least state federal judges considered respondent claims unjustly convicted crime committed five years earlier many judges reviewed case latest foray courts rejected claims record without ambiguity respondent requested assume purposes review appeals majority correctly concluded respondent insisted melinger raise issues identified simply accept melinger decision press issues similarly manual practice appeals second circuit declares brief treats three four matters runs serious risks becoming diffuse giving overall impression one claimed error serious committee federal courts association bar city new york appeals second circuit aba model rules professional conduct provide lawyer shall abide client decisions concerning objectives representation shall consult client means pursued criminal case lawyer shall abide client decision plea entered whether waive jury trial whether client testify model rules professional conduct proposed rule final draft emphasis added respondent points aba standards criminal appeals appear indicate counsel accede client insistence pressing particular contention appeal see aba standards criminal justice ed aba defense function standards provide however exceptions specified strategic tactical decisions exclusive province defense counsel consultation client see see also aba project standards criminal justice prosecution function defense function tent draft event fact aba may chosen recognize given practice desirable appropriate mean practice required constitution question presented case whether criminal defendant constitutional right appellate counsel raise every nonfrivolous issue defendant requests availability federal habeas corpus review claims counsel declined raise us occasion decide whether counsel refusal raise requested claims constitute cause petitioner default within meaning wainwright sykes see also engle isaac justice blackmun concurring judgment join opinion need decide case ante whether constitutional right first appeal criminal conviction agree justice brennan american bar association aba standards criminal justice comment ed ethical matter attorney argue appeal nonfrivolous claims upon client insists whether one agrees view legal strategy seems lawyer giving client best opinion course likely succeed acquiesce client choice nonfrivolous claims pursue certainly anders california faretta california indicate attorney usurpation certain fundamental decisions violate constitution agree however neither view aba view ideal allocation decisionmaking authority client lawyer necessarily assumes constitutional status counsel performance within range competence demanded attorneys criminal cases mcmann richardson assure indigent defendant adequate opportunity present claims fairly context state appellate process ross moffitt agree requirements met attorney refusing carry client express wishes forever foreclose review nonfrivolous constitutional claims noted faretta california dissenting opinion overbearing conduct counsel remedy citing brookhart janis fay noia remedy course writ habeas corpus thus reach question ante state view counsel failure raise appeal nonfrivolous constitutional claims upon client insisted must constitute cause prejudice resulting procedural default state law see wainwright sykes justice brennan justice marshall joins dissenting sixth amendment provides criminal prosecutions accused shall enjoy right assistance counsel defence emphasis added find fundamental disagreement right assistance counsel means import words like assistance counsel seems inconsistent regime counsel appointed state represent criminal defendant refuse raise issues arguable merit appeal client hearing assessment case advice directed raise remand determination whether respondent fact insist lawyer brief issues appeals found frivolous clear respondent right assistance counsel connection appeal held indigent defendant entitled appointment counsel assist first appeal entsminger iowa citations omitted recognizing right counsel appeal expressly relied fourteenth amendment equal protection clause context prohibits disadvantaging indigent defendants comparison afford hire counsel also due process clause incorporation sixth amendment standards see anders california griffin illinois cf johnson johnson zerbst two theories converge case also cf bearden georgia state may incarcerate person whether indigent waived assistance counsel stages criminal process substantial rights may affected argersinger hamlin mempa rhay view right counsel extends one appeal provided defendant decides take appeal appeal frivolous constitution face define phrase assistance counsel surely words empty content one doubt counsel must qualified practice law courts state question representation afforded must meet minimum standards effectiveness see powell alabama satisfy constitution counsel must function advocate defendant opposed friend anders california supra entsminger iowa supra admittedly question case requires us look beyond clear guarantees issue relationship lawyer client ultimate authority decide nonfrivolous issues presented appeal believe right assistance counsel carries right personal defendant make decision advice counsel chooses sixth amendment protected state interest substantial justice include right however faretta california decisively rejected view constitution ably advanced justice blackmun dissent holding sixth amendment requires defendants allowed represent observed undeniable criminal prosecutions defendants better defend counsel guidance unskilled efforts defendant voluntarily accept representation counsel potential advantage lawyer training experience realized imperfectly force lawyer defendant lead believe law contrives personal liberties rooted law averages right defend personal defendant lawyer state bear personal consequences conviction defendant therefore must free personally decide whether particular case counsel advantage although may conduct defense ultimately detriment choice must honored respect individual lifeblood law illinois allen brennan concurring right counsel faretta anders conceive right defendant must choose forgoing assistance counsel altogether relinquishing control every aspect case beyond basic structure plead whether present defense whether appeal defendant interest case clearly extends matters absent exceptional circumstances bound tactics used counsel trial appeal henry mississippi may want press argument innocent even stratagems likely result dismissal charges reduction punishment may want insist certain arguments political reasons may want protect third parties true appeal trial proper role counsel assist efforts insofar possible consistent lawyer conscience law duties find support position legal profession conception proper role american bar association taken position estimate counsel decision client take appeal client decision press particular contention appeal incorrect ounsel professional duty give client fully forcefully opinion concerning case probable outcome counsel role however advise decision made client aba standards criminal justice comment ed emphasis added opinion seems rest entirely two propositions first observes yet decided case true sense square holding point explained supra anders faretta describe right counsel terms inconsistent today holding moreover mere fact constitutional question open argument deciding one way second argues good appellate advocacy demands selectivity among arguments certainly true advice good taken heart every lawyer called upon argue appeal client take little persuasion get wise client understand staying prison values encourage lawyer raise two three best arguments appeal defer lawyer advice best arguments constitution however require clients wise policies weighed balance well secret indigent clients often mistrust lawyers appointed represent see generally burt conflict trust attorney client geo skolnick social control adversary system conflict res many reasons perhaps unavoidable even perfect conditions differences education disposition class may always zealously avoided lawyer client always interests even paying clients lawyer may strong interest judges prosecutors think well working flat fee common arrangement criminal defense attorneys fees appointments lower receive work obvious financial incentive conclude cases criminal docket swiftly good lawyers undoubtedly recognize temptations resist endeavor convince clients naive however suggest always succeed either task constitutional rule encourages lawyers disregard clients wishes without compelling need exacerbate clients suspicion lawyers faretta force lawyer decisions defendant lead believe law contrives see end hopes gain effectiveness appellate representation rule imposes today may well lost decreased effectiveness areas representation opinion also seems overstate somewhat lawyer role appeal excellent presentation issues especially briefing stage certainly serves client best interests share implicit pessimism appellate judges ability recognize meritorious argument even made less elegantly fewer pages lawyer liked even less meritorious arguments accompany quality justice country really depended nice gradations lawyers rhetorical skills longer call justice especially appellate level believe part good claims vindicated bad claims rejected truly skillful advocacy making difference handful cases cases cases generally clients ultimately wise thing take lawyers advice willing risk deepening mistrust clients lawyers cases ensure optimal presentation fraction handful presentation might really affect result reached appeals finally today ruling denigrates values individual autonomy dignity central many constitutional rights especially fifth sixth amendment rights come play criminal process certainly person life changes charged crime brought trial must harbors hope success defend terms often technical hard understand state practical matter assistance counsel necessary defense see johnson zerbst yet conviction becomes final opportunity appeal restrictions individual autonomy dignity limited minimum necessary vindicate state interest speedy effective prosecution role defense lawyer function instrument defender client autonomy dignity phases criminal process justice black wrote von moltke gillies right counsel guaranteed constitution contemplates services attorney devoted solely interests client glasser undivided allegiance faithful devoted service client prized traditions american lawyer kind service sixth amendment makes provision nowhere service deemed honorable case appointment represent accused poor hire lawyer even though accused may member unpopular hated group may charged offense peculiarly abhorrent omitted accept notion lawyers one punishments person receives merely accused crime clients wish capable making informed judgments issues appeal exercise prerogative choices respected unless require lawyers violate consciences law duties hand presume lightly particular case defendant disregarded lawyer obviously sound advice cf faretta california standards waiver right counsel appeals reversing district address factual question whether respondent advised lawyer wise appeal issues respondent suggested actually insisted timely fashion lawyer brief nonfrivolous issues identified appeals cf ante content filing pro se brief deprivation right assistance counsel remand hearing question surprisingly announces course constitutional right appeal ante statement besides unnecessary decision quite arguably wrong griffin illinois fifth member majority justice frankfurter expressed doubt constitutional right appeal either unfolding content due process particularized safeguards bill rights disregard procedural ways reflect national historic policy significant appeals convictions federal courts afforded roundabout exceptions negligible present purposes nearly hundred years despite civilized standards criminal justice modern england appeal convictions exceptions pertinent thus settled due process law require state afford review criminal judgments indigents afford lawyers right however regard issues involving allocation authority lawyer client courts may well take account paying clients ability specify outset relationship attorneys degree control wish exercise avoid attorneys unwilling accept client direction course state may also allow properly supervised law students represent indigent defendants see argersinger hamlin brennan concurring cf aba model code professional responsibility ec authority make decisions exclusively client except decisions affecting merits cause substantially prejudicing rights client ec lawyer always remember decision whether forego legally available objectives methods factors ultimately client see also aba commission professional standards model rules professional conduct rule final draft rule requires lawyer shall abide client decisions concerning objectives representation illegal unethical despite fact considers repugnant imprudent lawyer withdraw without prejudicing client shall consult client means pursued worth noting however commentary rule discloses drafters principal concern relationship insurance company lawyers insureds represent rule intended provide basis disciplinary action well general ethical guidance mean suggest handful cases important may well include many cases shape law furthermore relative skill lawyers certainly makes difference trial pretrial stages lawyers strategy ability persuade may client great deal good almost every case failure investigate facts present properly may result excluded altogether legal system official conception case actually involves