Commonwealth v. Rauser

532 A.2d 1191, 367 Pa. Super. 370, 1987 Pa. Super. LEXIS 9498
CourtSupreme Court of Pennsylvania
DecidedOctober 20, 1987
Docket677
StatusPublished
Cited by6 cases

This text of 532 A.2d 1191 (Commonwealth v. Rauser) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Rauser, 532 A.2d 1191, 367 Pa. Super. 370, 1987 Pa. Super. LEXIS 9498 (Pa. 1987).

Opinions

CIRILLO, President Judge:

This is an appeal from the denial of a petition for relief pursuant to the Post Conviction Hearing Act (PCHA), 42 Pa.C.S. §§ 9541-9551 (1982). Also before us is a petition by appellant’s counsel for leave to withdraw. We affirm the denial of relief and grant counsel’s petition for leave to withdraw.

Appellant has previously filed more than ten PCHA petitions. Appellant’s counsel has now raised several issues which he states “could arguably support the appeal.” All of these issues are prefaced with the question of whether appellant is entitled to an additional PCHA hearing and/or withdrawal of his guilty plea.

Appellant’s counsel, in his brief to this court, presents little more than a recitation of the facts, a procedural history, and a list of issues. He presents no legal authority in the portion of his brief entitled “Argument.” This is commonly referred to as an Anders brief, based on the decision of the United States Supreme Court in Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).

In addition to his petition for leave to withdraw, appellant’s counsel has also sent to his client a notice of right to counsel and/or right to raise additional matters in support of his appeal. Appellant has not raised such additional [372]*372matters. The Commonwealth has not filed a brief in this appeal.

A.

In the case now before us we examine whether there is a sound legal foundation for the apparent assumption in some Pennsylvania cases that Anders applies to collateral post-conviction proceedings, based on Pennsylvania law. We must undertake this important analysis in light of a recent decision by the United States Supreme Court which ruled that the requirements of Anders do not apply to PCHA proceedings, as a matter of federal law.

I

The United States Supreme Court in Pennsylvania v. Finley, — U.S. —, 107 S.Ct. 1990, 95 L.E.2d 539 (1987), reviewed a decision by the Superior Court of Pennsylvania1 which dealt with the applicability of the principles enunciated in Anders to collateral postconviction proceedings2.

The Finley case involved a conviction of second-degree murder in the Court of Common Pleas of Philadelphia County. Finley was sentenced to life imprisonment. The Pennsylvania Supreme Court unanimously affirmed the conviction. Commonwealth v. Finley, 477 Pa. 211, 383 A.2d 898 (1978).

Finley then sought relief from the trial court, pursuant to the Pennsylvania Post Conviction Hearing Act (PCHA). 42 Pa.C.S. §§ 9541-9551 (1982). Proceeding pro se, she raised the same issues that the Pennsylvania Supreme Court had rejected on the merits. On her appeal from the PCHA [373]*373proceedings, however, the Pennsylvania Supreme Court reversed the denial of relief by the trial court based on the state law entitlement to counsel in postconviction proceedings. Commonwealth v. Finley, 497 Pa. 332, 440 A.2d 1183 (1981).

On remand, the counsel appointed by the trial court reviewed the trial record and consulted with Finley. He concluded that there were no arguable bases for collateral relief. He advised the trial court of his conclusion and requested permission to withdraw. After an independent review of the record, the trial court agreed with appointed counsel and, thus, dismissed the petition for postconviction relief.

An appeal to this court was pursued by Finley’s newly appointed appellate counsel. Over Judge Rowley’s dissent, a panel of this court ruled that “Pennsylvania law concerning procedures to be followed when a court-appointed attorney sees no basis for an appeal is derived from the seminal case of Anders v. California, 386 U.S. 738 [87 S.Ct. 1396, 18 L.Ed.2d 493] (1967).” Finley, 330 Pa.Super. 313, 318, 479 A.2d 568, 570 (1984). We concluded that based on Anders, the conduct of trial counsel in the postconviction proceedings violated Finley’s constitutional rights. The United States Supreme Court disagreed.

In its review of our decision, the United States Supreme Court repeated the requirements that it established in Anders. It held, however, that the following requirements apply only when an attorney appointed to represent an indigent on direct appeal finds a case wholly frivolous:

[H]e should so advise the court and request permission to withdraw. That request must, however, be accompanied by a brief referring to anything in the record that might arguably support the appeal. A copy of counsel’s brief should be furnished the indigent and time allowed him to raise any points that he chooses; the court—not counsel—then proceeds, after a full examination of all the proceedings, to decide whether the case is wholly frivolous.

[374]*374Pennsylvania v. Finley, — U.S. —, —, 107 S.Ct. 1990, 1991, 95 L.Ed.2d 539 (1987) (quoting Anders, 386 U.S. at 744, 87 S.Ct. at 1400.)

Writing for the majority, Chief Justice Rehnquist ruled that the Pennsylvania Superior Court “improperly relied on the United States Constitution to extend the Anders procedures to postconviction proceedings.” — U.S. at —, 107 S.Ct. at 1993. The Anders holding was based on the principle that the “denial of counsel to indigents on first appeal as of right amounted to unconstitutional discrimination against the poor.” Id. (citing Douglas v. California, 372 U.S. 353, 358, 83 S.Ct. 814, 817, 9 L.Ed.2d 811 (1963)). The Supreme Court added, however, that “Anders did not set down an independent constitutional command that all lawyers, in all proceedings, must follow these particular procedures.” Id.

Chief Justice Rehnquist reasoned that “since a defendant has no federal constitutional right to counsel when pursuing a discretionary appeal on direct review of his conviction, a fortiori, he has no such right when attacking a conviction that has long since become final upon exhaustion of the appellate process.” Id. (citing Boyd v. Dutton, 405 U.S. 1, 7 n. 2, 92 S.Ct. 759, 762 n. 2, 30 L.Ed.2d 755 (1972) (Powell, J., dissenting)).

The Finley Court ruled that the due process clause did not require the appointment of counsel in postconviction proceedings, because the “ ‘fact that an appeal has been provided does not automatically mean that a state then acts unfairly by refusing to provide counsel to indigent defendants at every stage of the way.’ ” Id. (quoting Ross v. Moffitt, 417 U.S. 600, 610-11, 94 S.Ct. 2437, 2443-44, 41 L.Ed.2d 341 (1974)). The Court also rejected the argument that the equal protection guarantee of the fourteenth amendment required a different result. Rather, the Supreme Court reasoned that the “ ‘duty of the State under our cases is not to duplicate the legal arsenal that may be privately retained by a criminal defendant in a continuing effort to reverse his conviction, but only to assure the [375]

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Commonwealth v. Rauser
532 A.2d 1191 (Supreme Court of Pennsylvania, 1987)

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Bluebook (online)
532 A.2d 1191, 367 Pa. Super. 370, 1987 Pa. Super. LEXIS 9498, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-rauser-pa-1987.