Anders v. California
1967 United States Supreme Court case / From Wikipedia, the free encyclopedia
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Anders v. California, 386 U.S. 738 (1967), was a United States Supreme Court case in which a court-appointed attorney filed a motion to withdraw from the appeal of a criminal case because of his belief that any grounds for appeal were frivolous.
Quick Facts Anders v. California, Argued March 14, 1967 Decided May 8, 1967 ...
Anders v. California | |
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Argued March 14, 1967 Decided May 8, 1967 | |
Full case name | Anders v. California |
Citations | 386 U.S. 738 (more) 87 S. Ct. 1396; 18 L. Ed. 2d 493; 1967 U.S. LEXIS 1569 |
Case history | |
Prior | Cert. to the Supreme Court of California |
Holding | |
The failure to grant this indigent petitioner seeking initial review of his conviction the services of an advocate, as contrasted with an amicus curiae, which would have been available to an appellant with financial means, violated petitioner's rights to fair procedure and equality under the Fourteenth Amendment. | |
Court membership | |
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Case opinions | |
Majority | Clark, joined by Warren, Douglas, Brennan, White, Fortas |
Dissent | Stewart, joined by Black, Harlan |
Close
The Supreme Court ruled that any such motion must be accompanied by a brief (commonly referred to as an Anders brief) outlining the case and any potential (albeit possibly frivolous) grounds for appeal, that the appellate court must independently review the case, and that a defendant must be allowed the right to appeal either pro se or by other counsel.