Legal Opinion · Concurrence

Rivera v. State

Indiana Court of Appeals

Decided April 22, 1985No. 3-784A204Published

1ConcurrenceGarrard, Judge

I concur in the ordered rebriefing. I appreciate that counsel has a professional obligation to not attempt to mislead the court. In addition he should not argue frivolous claims, and may as a matter of good advocacy desire to leave unargued some nonfrivolous claims. See Jones v. Barnes (1983), 468 U.S. 745, 103 S.Ct. 3308, 77 L.Ed.2d 987.

On the other hand, it is judicial review not attorney review to which a person con*112victed of a crime is entitled. In the case before us we are merely afforded counsel's conclusions that the issue is without merit on two of the claims; by implication that is…

2Cases cited3 opinions

  1. Anders v. CaliforniaSupreme Court of the United States · 1967
  2. Jones v. BarnesSupreme Court of the United States · 1983
  3. Hendrixson v. StateIndiana Court of Appeals · 1974

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