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PENSON v. OHIO

No. 87-6116.

488 U.S. 75 (1988)

PENSON v. OHIO

Supreme Court of United States.

Decided November 29, 1988

Attorney(s) appearing for the Case

Gregory L. Ayers, by appointment of the Court, 485 U.S. 957, argued the cause for petitioner. With him on the briefs were Randall M. Dana, David C. Stebbins, and George A. Lyons.

Mark B. Robinette argued the cause for respondent. With him on the brief was Lee C. Falke.*

Gloria A. Eyerly and Harry R. Reinhart filed a brief for the Ohio Association of Criminal Defense Lawyers as amicus curiae.

JUSTICE STEVENS delivered the opinion of the Court.

In Anders v. California, 386 U.S. 738 (1967), we gave a negative answer to this question:

"May a State appellate court refuse to provide counsel to brief and argue an indigent criminal defendant's first appeal as of right on the basis of a conclusory statement by the appointed attorney on appeal that the case has no merit and that he will file no brief?" Brief...

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