Summary
In Fox v. Oregon, 388 U.S. 466, 87 S Ct 2129, 18 L ed2d 1324 (1967) and Elliott v. Oregon, 387 U.S. 571, 87 S Ct 2070, 18 L ed2d 967 (1967) it was held that even where counsel is appointed to represent the indigent defendant on appeal and counsel withdraws on the ground that he regards an appeal as frivolous the procedure does not satisfy necessary constitutional safeguards.
Summary of this case from Holbert v. GladdenOpinion
No. 1421, Misc.
Decided June 12, 1967.
Certiorari granted; 245 Or. 440, 421 P.2d 977, vacated and remanded.
The motion for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The judgment is vacated and the case is remanded to the Supreme Court of Oregon for further consideration in light of Anders v. California, 386 U.S. 738.
MR. JUSTICE BLACK, MR. JUSTICE HARLAN, and MR. JUSTICE STEWART are of the opinion that certiorari should be denied.