Pennsylvania v. Finley
- Decided
- May 18, 1987
- Docket
- 85-2099
- Status
- Published
- Jurisdiction
- Federal
Cited 3,807 timesNo negative treatment found in this library
What later courts said
- holding that there is no right to counsel beyond the initial direct appeal, and thus, no right to counsel on discretionary review — Ex Parte Graves (2002)
- holding that there is no federal constitutional right to counsel for indigent prisoners seeking state postconviction relief — Fernando Lopez v. Julius Wilson, Warden (2005)
- holding that there is no right to counsel or effective assistance of counsel in post-conviction proceedings — In Re Carrington H. (2016)
Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.
How the opinion begins
[*553] Chief Justice Rehnquist delivered the opinion of the Court.
In 1975 respondent was convicted of second-degree murder by the Court of Common Pleas of Philadelphia County. She was sentenced to life imprisonment. Her appointed trial attorney appealed the conviction to the Supreme Court of Pennsylvania. That court unanimously affirmed the conviction. 477 Pa. 211, 383 A. 2d 898 (1978). Having failed on direct appeal, respondent, proceeding pro se, sought relief from the trial court under the Pennsylvania Post Conviction Hearing Act. See 42 Pa. Cons. Stat. § 9541 et seq. (1982). She raised the same issues that the Supreme Court of Pennsylvania had rejected on the merits. The trial court denied relief, but the State Supreme Court reversed, holding that respondent was entitled, under state law, to appointed counsel in her postconviction proceedings. 497 Pa. 332, 440 A. 2d 1183 (1981). On remand, the trial court appointed counsel. Counsel reviewed the trial record and consulted with respondent. He concluded that there were no arguable bases for collateral relief. Accordingly, he advised the trial court in writing of his conclusion and requested permission to withdraw. The trial court conducted an independent review of the record and agreed that there were no issues even arguably meritorious. The court thus dismissed the petition for postconviction relief.
Respondent acquired new appointed counsel and pursued an appeal to the Superior Court. Over a dissent, that court concluded that the conduct of the counsel in the trial court’s postconviction proceedings violated respondent’s constitu [*554] tional rights. 330 Pa. Super. 313, 479 A. 2d 568 (1984). The court held that “Pennsylvania law concerning procedures to be followed when a court-appointed attorney sees no basis for an appeal is derived from the seminal case of” Anders v. California, 386 U. S. 738 (1967). 330 Pa. Super., at 318, 479 A. 2d, at 570. In Anders, this Court held that when an attorney appointed to represent an indigent defendant on direct appeal finds a case wholly frivolous:
Cite this
Pennsylvania v. Finley, 481 U.S. 551 (1987)Read the full opinion
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