Smith v. Robbins, 528 U.S. 259, 5 (2000)

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Cite as: 528 U. S. 259 (2000)

Syllabus

Anders and McCoy procedures, and unlike the ones in, e. g., Douglas and Penson, affords adequate and effective appellate review for criminal indigents. Pp. 281-284.

3. This case is remanded for the Ninth Circuit to evaluate Robbins' ineffective-assistance claim. It may be that his appeal was not frivolous and that he was thus entitled to a merits brief. Both the District Court and the Ninth Circuit found that there were two arguable issues on direct appeal, but it is unclear how they used the phrase "arguable issues." It is therefore necessary to clarify how strong those issues are. The proper standard for evaluating Robbins' claim on remand is that enunciated in Strickland v. Washington, 466 U. S. 668: He must first show that his counsel was objectively unreasonable, id., at 687-691, in failing to find arguable issues to appeal, and, if Robbins succeeds in such a showing, he then has the burden of demonstrating prejudice, id., at 694. He must satisfy both prongs of the Strickland test to prevail, for his claim does not warrant a presumption of prejudice. He has received appellate counsel who has complied with a valid state procedure for determining whether his appeal is frivolous, and the State has not left him without counsel on appeal. Thus, it is presumed that the result of the proceedings is reliable, and Robbins must prove the presumption incorrect. Further, his claim does not fall within any of the three categories of cases in which prejudice is presumed, for it does not involve the complete denial of counsel on appeal, state interference with counsel's assistance, or an actual conflict of interest on his counsel's part. Id., at 692, 694. Pp. 284-289.

152 F. 3d 1062, reversed and remanded.

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, post, p. 289. Souter, J., filed a dissenting opinion, in which Stevens, Ginsburg, and Breyer, JJ., joined, post, p. 292.

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. Dru-liner, Chief Assistant Attorney General, Carol Wendelin Pollack, Senior Assistant Attorney General, and Donald E. De Nicola, Deputy Attorney General.

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