Smith v. Robbins, 528 U.S. 259, 11 (2000)

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

Opinion of the Court

pointed counsel's performance can pass constitutional muster." 152 F. 3d 1062, 1066 (1998). Rejecting petitioner's argument that counsel's brief was sufficient because it complied with Wende, the Ninth Circuit concluded that the brief was deficient because it did not, as the Anders procedure requires, identify any legal issues that arguably could have supported the appeal. 152 F. 3d, at 1066-1067.4 The court did not decide whether a counsel's deviation from Anders, standing alone, would warrant a new appeal, see 152 F. 3d, at 1066-1067, but rather concluded that the District Court's award of relief was proper because counsel had failed to brief the two arguable issues that the District Court identified. The Ninth Circuit remanded, however, for the District Court to consider respondent's 11 claims of trial error. Id., at 1069. The court reasoned that if Robbins prevailed on any of these claims, it would be unnecessary to order the California Court of Appeal to grant a new direct appeal. We granted certiorari. 526 U. S. 1003 (1999).

II

A

In Anders, we reviewed an earlier California procedure for handling appeals by convicted indigents. Pursuant to that procedure, Anders' appointed appellate counsel had filed a letter stating that he had concluded that there was "no merit to the appeal," 386 U. S., at 739-740. Anders, in response, sought new counsel; the State Court of Appeal denied the request, and Anders filed a pro se appellate brief. That court then issued an opinion that reviewed the four claims in his pro se brief and affirmed, finding no error (or no prejudicial error). People v. Anders, 167 Cal. App. 2d 65, 333 P. 2d

4 In subsequent cases, the Ninth Circuit has reiterated its view that the Wende procedure is unconstitutional because it differs from the Anders procedure. See Delgado v. Lewis, 181 F. 3d 1087, 1090, 1093, stay granted pending disposition of pet. for cert., 527 U. S. 1066 (1999); Davis v. Kramer, 167 F. 3d 494, 496, 497-498 (1999), cert. pending, No. 98-1427.

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