Smith v. Robbins — Stevens, J., dissenting

Summary

Justice Stevens dissents, arguing the Court's approval of California's Wende procedure effectively overrules Anders, Penson, and McCoy by adopting a standard that merely requires an appeal be resolved in a way related to its merit. He contends the Wende procedure violates the principle of substantial equality because it does not require counsel to identify arguable legal issues. Justice Souter dissent separately for similar reasons.