Penson, Steven A. v. Ohio (488 U.S. 75)
U.S. Supreme Court · decided November 29, 1988 · Supreme Court Database (Spaeth)
- Citation
- 488 U.S. 75 · 109 S. Ct. 346
- Decided
- November 29, 1988
- Term
- October Term 1988
- Vote
- 8–1
- Majority author
- Justice Stevens
- Issue area
- Civil Rights
- Disposition
- Reversed and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Liberal
Opinion excerpt
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 for Petitioner in Anders v. California, O. T. 1966, No. 98, p. 2. The question presented by this case is remarkably similar and therefore requires a similar answer. I Petitioner is indigent. After a trial in the Montgomery County, Ohio, Court of Common Pleas, he and two codefendants were found guilty of several serious crimes. Petitioner was sentenced to a term of imprisonment of 18 to 28 years. On January 8, 1985, new counsel was appointed to represent him on appeal. Counsel filed a timely notice of appeal. On June 2, 1986, petitioner’s appellate counsel filed with the Montgomery County, Ohio, Court of Appeals a document captioned “Certification of Meritless Appeal and Motion.” Excluding this caption and the certificate evidencing its service on the prosecutor’s office and petitioner, the document in its entirety read as follows: “Appellant’s attorney respectfully certifies to the Court that he has carefully reviewed the within record on appeal, that he has found no…
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