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SMITH v. ROBBINS

No. 98-1037.

528 U.S. 259 (2000)

SMITH, WARDEN v. ROBBINS

United States Supreme Court.

Decided January 19, 2000.

Attorney(s) appearing for the Case

Carol Frederick Jorstad, Deputy Attorney General of California, argued the cause for petitioner. With her on the briefs were Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Carol Wendelin Pollack, Senior Assistant Attorney General, and Donald E. De Nicola, Deputy Attorney General.

Ronald J. Nessim, by appointment of the Court, 526 U.S. 1109, argued the cause for respondent. With him on the brief were Thomas R. Freeman and Elizabeth A. Newman.*

Thomas, J., delivered the opinion of the Court, in which Rehnquist, C. J., and O'Connor, Scalia, and Kennedy, JJ., joined. Stevens, J., filed a dissenting opinion, in which Ginsburg, J., joined, p. 289. Souter, J., filed a dissenting opinion, in which Stevens, Ginsburg, and Breyer, JJ., joined, p. 292.

Justice Thomas, delivered the opinion of the Court.

Not infrequently, an attorney appointed to represent an indigent defendant on appeal concludes that an appeal would be frivolous and requests that the appellate court allow him to withdraw or that the court dispose of the case without the filing of merits briefs. In Anders v. California, 386 U.S. 738 (1967), we held that, in order to protect indigent defendants' constitutional...

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