Smith v. Robbins — Souter, J., dissenting

Summary

Souter, joined by Stevens, Ginsburg, and Breyer, dissents in Robbins's habeas petition, arguing California's Wende procedure for indigent appellants lacks required adversarial character. He contends Anders requires counsel to identify arguable issues, whereas Wende permits a nonpartisan summary, effectively denying counsel's advocacy role. Souter would grant relief without prejudice analysis, presuming prejudice akin to a total denial of counsel. Justice Stevens, dissenting separately, emphasizes the majority's overruling of Anders and Penson and rejects the view that reasoning articulation diminishes advocacy.