pennsylvania finley argued march decided may respondent convicted murder sentenced life imprisonment pennsylvania trial pennsylvania affirmed direct appeal respondent subsequent postconviction proceedings trial required state law appointed counsel assist counsel reviewed trial record consulted respondent concluded arguable bases collateral review advised trial writing conclusion requested permission withdraw reviewing record agreed arguably meritorious issues dismissed proceedings respondent acquired new appointed counsel appealed pennsylvania superior concluded counsel conduct trial violated respondent constitutional rights remanded case proceedings superior relied anders california held attorney appointed represent indigent defendant direct appeal finds case wholly frivolous must request permission withdraw submit brief referring anything record arguably supporting appeal copy brief must furnished indigent time must allowed raise points chooses must decide whether case wholly frivolous held improperly relied federal constitution extend anders procedures collateral postconviction proceedings denial counsel indigents first appeal right amounts discrimination poor violation fourteenth amendment anders established prophylactic framework relevant litigant previously established constitutional right counsel right appointed counsel extends first appeal right since defendant federal constitutional right counsel pursuing discretionary appeal direct review conviction ross moffitt fortiori right attacking postconviction proceedings conviction become final upon exhaustion appellate process anders procedures apply right counsel postconviction review applied right counsel first appeal right respondent access lawyer result state decision command federal constitution procedures followed trial counsel postconviction proceedings fully comported fundamental fairness mandated due process clause obligation provide postconviction relief fundamental fairness mandated due process clause require state supply lawyer well equal protection guarantee meaningful access violated case moreover merit respondent contention state granted prisoner access counsel postconviction review due process clause fourteenth amendment requires counsel actions comport anders procedures evitts lucey distinguished pennsylvania made valid choice give prisoners assistance counsel proceedings without requiring full panoply procedural protections constitution requires given defendants fundamentally different position trial first appeal right pp super reversed remanded rehnquist delivered opinion white powell scalia joined blackmun filed opinion concurring judgment post brennan filed dissenting opinion marshall joined post stevens filed dissenting opinion post gaele mclaughlin barthold argued cause petitioner briefs ann lebowitz ronald eisenberg william chadwick catherine harper appointment argued cause filed brief respondent linley pearson attorney general indiana william daily lisa paunicka deputy attorneys general filed brief state indiana et al amici curiae urging reversal joined officials respective follows john van de kamp attorney general california john kelly chief state attorney connecticut charles oberly attorney general delaware jim smith attorney general florida corinne watanabe attorney general hawaii jim jones attorney general idaho robert stephan attorney general kansas david armstrong attorney general kentucky william guste attorney general louisiana william webster attorney general missouri travis medlock attorney general south carolina mary sue terry attorney general virginia bronson lafollette attorney general wisconsin archie mcclintock attorney general wyoming briefs amici curiae urging affirmance filed american civil liberties union et al larry yackle alvin bronstein vivian berger david goldstein stefan presser national legal aid defender association david bergschneider chief justice rehnquist delivered opinion respondent convicted murder common pleas philadelphia county sentenced life imprisonment appointed trial attorney appealed conviction pennsylvania unanimously affirmed conviction failed direct appeal respondent proceeding pro se sought relief trial pennsylvania post conviction hearing act see cons stat et seq raised issues pennsylvania rejected merits trial denied relief state reversed holding respondent entitled state law appointed counsel postconviction proceedings remand trial appointed counsel counsel reviewed trial record consulted respondent concluded arguable bases collateral relief accordingly advised trial writing conclusion requested permission withdraw trial conducted independent review record agreed issues even arguably meritorious thus dismissed petition postconviction relief respondent acquired new appointed counsel pursued appeal superior dissent concluded conduct counsel trial postconviction proceedings violated respondent constitutional rights super held pennsylvania law concerning procedures followed attorney sees basis appeal derived seminal case anders california pa anders held attorney appointed represent indigent defendant direct appeal finds case wholly frivolous 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 counsel proceeds full examination proceedings decide whether case wholly frivolous think improperly relied constitution extend anders procedures postconviction proceedings holding anders based underlying constitutional right appointed counsel established douglas california relying equality demanded fourteenth amendment douglas held denial counsel indigents first appeal right amounted unconstitutional discrimination poor anders held order protect constitutional requirement substantial equality fair process set douglas appointed appellate counsel must follow procedures described case appears frivolous course anders set independent constitutional command lawyers proceedings must follow particular procedures rather anders established prophylactic framework relevant litigant previously established constitutional right counsel never held prisoners constitutional right counsel mounting collateral attacks upon convictions see johnson avery decline hold today cases establish right appointed counsel extends first appeal right thus rejected suggestions establish right counsel discretionary appeals wainwright torna ross moffitt think since defendant federal constitutional right counsel pursuing discretionary appeal direct review conviction fortiori right attacking conviction long since become final upon exhaustion appellate process see boyd dutton powell dissenting ross moffitt supra analyzed defendant claim appointed counsel discretionary review two theories concluded fundamental fairness exacted due process clause require appointment counsel ordinarily defendant rather state initiates appellate process seeking fend efforts state prosecutor rather overturn finding guilt made judge jury defendant needs attorney appeal shield protect haled state stripped presumption innocence rather sword upset prior determination guilt difference significant one agree state may simply dispense trial stage proceedings without criminal defendant consent clear state need provide appeal mckane durston fact appeal provided automatically mean state acts unfairly refusing provide counsel indigent defendants every stage way considerations apply even force postconviction review first reject respondent argument anders procedures applied right counsel postconviction review applied right counsel first appeal established douglas respondent apparently believes right counsel one meaning matter source right fact defendant afforded assistance counsel form end inquiry federal constitutional purposes rather source right lawyer assistance combined nature proceedings controls constitutional question case respondent access lawyer result state decision command constitution think analysis followed ross forecloses respondent constitutional claim procedures followed respondent habeas counsel fully comported fundamental fairness postconviction relief even removed criminal trial discretionary direct review part criminal proceeding fact considered civil nature see fay noia collateral attack normally occurs defendant failed secure relief direct review conviction obligation provide avenue relief cf maccollom plurality opinion fundamental fairness mandated due process clause require state supply lawyer well equal protection guarantee meaningful access violated case time respondent presented application postconviction relief represented trial pennsylvania ross concluded defendant access trial record appellate briefs opinions provided sufficient tools pro se litigant gain meaningful access courts possess discretionary power review think conclusion necessarily obtains respect postconviction review since respondent underlying constitutional right appointed counsel state postconviction proceedings constitutional right insist anders procedures designed solely protect underlying constitutional right respondent relies evitts lucey proposition even though state need grant prisoner access counsel postconviction review done due process clause fourteenth amendment requires counsel actions comport procedures enumerated anders evitts held state penalize criminal defendant dismissing first appeal right appointed counsel failed follow mandatory appellate rules ruling rejected state argument since need provide appeal first place see mckane durston cut defendant appeal without running afoul due process clause noting right appeal unique among state actions withdrawn without consideration applicable due process norms reasoned state opts act field action significant discretionary elements must nonetheless act accord dictates constitution particular accord due process clause respondent argues allowing counsel represent without complying anders common pleas improperly deprived right effective assistance think evitts provides respondent comfort initially substantive holding evitts state may cut right appeal lawyer ineffectiveness depends constitutional right appointed counsel exist state habeas proceedings important however fact unlike prisoner evitts actually deprived right appeal respondent suffered deprivation assuming moment due process clause relevant cf wainright torna per curiam polk county dodson common pleas found respondent right counsel pennsylvania law satisfied conduct appointed counsel combined independent review record superior disagree holding rather ruled anders required even assistance matter federal constitutional law rejected conclusion therefore state obligations matter federal state law fulfilled since respondent received exactly entitled receive state law independent review record competent counsel claim deprivation without due process bottom decision rests premise unwilling accept state chooses offer help seeking relief convictions federal constitution dictates exact form assistance must assume contrary area substantial discretion develop implement programs aid prisoners seeking secure postconviction review pennsylvania state made valid choice give prisoners assistance counsel without requiring full panoply procedural protections constitution requires given defendants fundamentally different position trial first appeal right context constitution put state difficult choice affording counsel whatsoever following strict procedural guidelines annunciated anders judgment superior reversed cause remanded proceedings inconsistent opinion ordered agree conclusion superior erred belief constitution required application procedures mandated anders california case view however remand superior able consider whether appointed counsel review respondent case adequate pennsylvania law pennsylvania remand order justice brennan justice marshall joins dissenting respondent appeal denial state collateral relief pennsylvania held state law required dorothy finley counsel review record carefully amend petition relief file brief behalf remand however counsel advised trial common pleas summarily dismiss petition today reverses subsequent determination appellate superior performance dorothy finley trial counsel deficient failure comply three different sets requirements established anders california commonwealth mcclendon remand order issued originally pennsylvania pennsylvania courts may comply either anders mcclendon procedures appointed counsel wishes withdraw representation petitioner collateral attack upon judgment super anders procedures require counsel perform conscientious evaluation record write brief referring arguable support record give notice client trial may grant counsel request withdraw full examination record anders california supra mcclendon procedures require exhaustive examination record counsel independent determination petition wholly frivolous anders brief notice client required pa addition finding trial counsel complied neither two sets requirements state appellate found lower failed comply specific requirements remand order state circumstance appellate decision rested independent state ground petition certiorari dismissed improvidently granted moreover controversy involving application anders procedures ripe review finally believe counsel deficient performance violated finley federal rights due process equal protection therefore dissent failure trial ensure compliance state instructions remand independent state ground appellate decision exhausting direct appeals criminal convictions finley filed pro se application collateral relief pursuant pennsylvania post conviction hearing act cons stat et seq pcha trial summarily denied petition pennsylvania reversed held finley entitled appointed counsel indigent since pcha required appointment counsel assist meaningful manner state rely refer federal statutory constitutional law stated right counsel guaranteed pcha denied previous pcha petition involving issues determined adversely petitioner proceeding pcha petition ibid emphasis added finley previously filed pcha petition therefore right counsel state instructed appointed counsel limit efforts claims raised finley explore legal grounds complaint investigate underlying facts articulate claims relief trial instructed allow counsel amend petition remand finley counsel failed meet requirements appointed counsel read notes testimony original trial failed indicate trial conducted exhaustive research record pa instead filing brief amending complaint remand order required simply submitted letter describing limited review listing identical issues previously presented pennsylvania direct appeal collateral attack stating regarded claims meritless finley receive advance notice either counsel latter filing letter maintaining claims without merit tr oral arg indeed evidence finley ever received copy letter attorney also failed inform finley right seek new counsel proceed pro se trial pa receiving letter trial dismissed finley petition without hearing new counsel appointed represent finley appeal dismissal superior reversed noting trial failed follow required instructions state remand based interpretation pcha pennsylvania remanded saw particular merit contentions raised time identical disposed earlier appellant direct appeal wished afford appellant opportunity amass issues arguable merit pa superior cited rule pennsylvania rules criminal procedure basis earlier remand order rule requires counsel act advocate fulfilling role pa superior stated finley appellant counsel able list several issues may arguable merit simply reviewing bare record available superior citing brief appellant thus trial failure require submitted brief amended complaint satisfy mandate state effective counsel provided finley first pcha petition since trial counsel failed amend petition submit brief proceeding fact uncounselled pennsylvania law citation omitted reliance state grounds independently adequately justified superior remand need plain statement indicating independence state grounds since federal law interwoven determination see michigan long indeed superior referred state law purpose basing reversal trial decision grounds independent anders mcclendon pa result need address issue general requirements govern representation collateral proceedings pennsylvania much less whether anders applicable ii anders issue ripe review yet another reason superior decision leaves trial discretion remand impose requirements either anders mcclendon long also complies requirements imposed original remand order pennsylvania see pa trial satisfied neither requirements anders mcclendon superior remanded case specify set procedures trial follow conjecture anders requirements may never imposed case given alternative availability mcclendon source duties pennsylvania present case decided superior held mcclendon procedures anders requirements required collateral review commonwealth mcgeth super pennsylvania never held anders procedures required collateral review commonwealth lowenberg state equally divided issue therefore affirmed lower ruling anders procedures required direct appeal criminal conviction collateral review pennsylvania require anders followed collateral review occasion today decision also unnecessary decide case adequacy mcclendon procedures commonwealth oppose imposition mcclendon requirements indeed commonwealth approves mcclendon requirements flexible enlightened approach brief petitioner since clear parties case adversarial legal interests case controversy regarding adequacy mcclendon see steffel thompson order avoid issuing advisory opinion await final judgment pennsylvania requires imposition anders procedures since review trial eventual decision may sought later state appellate courts avoid prematurely reversing decision inferior state thus dismiss petition improvidently granted iii also disagree holding trial counsel abandonment client without notice advocacy finley petition violate federal rights due process equal protection denigrates finley right effective assistance counsel noting case involves postconviction review trial argues review similar discretionary appellate review appointment counsel required federal constitution ross moffitt see ante case however readily distinguished ross state law finley mandatory right effective assistance counsel trial required review issues arguable merit construing pcha legislation pennsylvania concluded pause note mandatory appointment requirement salutary one best comports efficient judicial administration serious consideration prisoner claims counsel ability frame issues legally meaningful fashion insures trial relevant considerations brought attention commonwealth mitchell justifies holding ground state may refuse indigent prisoners assistance counsel therefore lesser power deliver inadequate legal services long settled even right counsel required federal constitution state affords right must ensure withdrawn manner inconsistent equal protection due process see evitts lucey ross moffitt supra johnson avery smith bennett due process emphasizes fairness state individual dealing state ross moffitt supra undamental fairness entitles indigent defendants adequate opportunity present claims fairly within adversary system ake oklahoma citation omitted view federal constitution requires anders procedures must followed state provides assistance counsel collateral proceedings previously explained 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 merit 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 anders california performance finley counsel also violated equal protection clause equal protection demands eliminate unfair disparities classes individuals rational basis assuming petitions submitted indigent collateral review less meritorious defendants hard believe retained counsel file letter advocates dismissal client case without notice client without conducting conscientious assessment record since impoverished prisoner must take whatever state affords imperative efforts counsel scrutinized indigent receives adequate representation equal protection therefore requires imposition anders requirements otherwise indigent record unclear errors hidden right meaningless ritual person afford obtains meaningful review douglas california iv transforms finley right effective counsel right meaningless ritual face identification superior three possible means ensuring adequate representation without jurisdiction render decision respect independence state courts well avoidance rendering advisory opinions cornerstones refusal decide cases adequate independent state ground michigan long therefore dismiss petition improvidently granted respectfully dissent footnotes finley appellate counsel raised number issues arguable merit establish sixth amendment violations ineffective assistance counsel see brief respondent superior acknowledged pennsylvania appellate courts always require trial courts follow anders procedure may allow appointed counsel withdraw lower complies alternative requirements enunciated pennsylvania commonwealth mcclendon pa ompliance unnecessary counsel conducted exhaustive examination record lower concludes petitioner claims completely frivolous superior found mcclendon requirements satisfied mention exhaustive search required finding case wholly frivolous counsel must certify exhaustive reading endeavor uncover possible issues review frivolity appeal may determined lower appellate level pa footnotes omitted superior instructions trial follows since procedures utilized herein defective acted deprive appellant right adequate representation remand evidentiary hearing claims raised appellant brief issues discerned counsel exhaustive search record accordance opinion several additional reasons decide validity mcclendon requirements first holding determines applicability mcclendon requirements collateral review proceedings inappropriate lack final judgment since trial yet chosen procedure follow final judgment decree review cf republic gas oklahoma second validity mcclendon requirements issue case briefed litigants third mcclendon issue ripe review trial may decide impose mcclendon requirements thus opinion issue impressible advisory opinion approach consistent past practices long considered practice decide abstract hypothetical contingent questions decide constitutional question advance necessity decision formulate rule constitutional law broader required precise facts applied decide constitutional question except reference particular facts applied public workers mitchell see also cox broadcasting cohn rehnquist dissenting instant case commonwealth sought discretionary review superior decision pennsylvania review granted matter briefed argued however ordered appeal dismissed improvidently granted pennsylvania law state refusal review decision merits see commonwealth britton dayton dayton right counsel collateral review special significance finley superior found several arguably meritorious issues indicate effective assistance counsel rendered trial resulted conviction handling postconviction petition pa disagree interpretation commonwealth obligations matter state law conclusively determined trial view therefore today holding preclude determination case commonwealth laws constitution see south dakota opperman marshall dissenting justice stevens dissenting without bothering identify basis federal jurisdiction case blithely assumes decision rest independent adequate state ground agree state procedural rules often patterned federal precedents nonetheless rules state law case pennsylvania superior explicitly stated applying pennsylvania law concerning procedures followed attorney sees basis appeal super emphasis added federal precedents simply noted state law area derived decision anders california thus believe plain statement test michigan long satisfied decision review rested independent adequate state grounds moreover seems rather clear reasons stated part justice brennan dissent decision rest alone portion discussion conceivably considered based anders see ante either event basis concluding pennsylvania superior decision remand case stemmed belief federal constitution required even believed relied federal precedents sacrosanct plain statement missing still conclude lacks jurisdiction case unrealistic quite unfair expect judges philadelphia office superior pennsylvania acquire retain familiarity jurisprudence concerning intricacies jurisdiction occasions decisions judges office subject direct review far rare make appropriate become familiar michigan long presumption denigrating enough require justices state courts include statement decisions without demanding state appellate judges state judges decide cases conceivably reviewed commonwealth pennsylvania petitioned writ certiorari sought review superior judgment pennsylvania done accepted jurisdiction petition cases originating state may reviewed unless judgment rendered highest state decision pennsylvania dismissed commonwealth appeal improvidently granted accompany order statement reasons thus way knowing whether action based correct interpretation pennsylvania law incorrect interpretation federal law opinion due respect courts well separate interest avoidance rendering advisory opinions michigan long supra strongly favors former presumption take yet another step path marked michigan long see delaware van arsdall stevens dissenting instead dismiss writ want jurisdiction respectfully dissent figures based statistics reported two recent publications see conference state administrators statistics information project national center state courts roper elsner flango state appellate jurisdiction guide statistical reporting figure appellate judges national center state courts state caseload statistics annual report pp june figure judges