No. 98.

386 U.S. 738 (1967)

87 S.Ct. 1396

18 L.Ed.2d 493


Supreme Court of United States.

Decided May 8, 1967.

Attorney(s) appearing for the Case

Ira Michael Heyman, by appointment of the Court, 384 U.S. 925, argued the cause and filed briefs for petitioner.

George J. Roth, Deputy Attorney General of California, argued the cause for respondent. With him on the brief were Thomas C. Lynch, Attorney General, and William E. James, Assistant Attorney General.

MR. JUSTICE CLARK delivered the opinion of the Court.

We are here concerned with the extent of the duty of a court-appointed appellate counsel to prosecute a first appeal from a criminal conviction, after that attorney has conscientiously determined that there is no merit to the indigent's appeal.

After he was convicted of the felony of possession of marijuana, petitioner sought to appeal and moved that the California District Court of Appeal appoint counsel...

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