Jones v. Barnes
United States Supreme Court
463 U.S. 745 (1983)
Barnes (plaintiff), convicted of robbery and assault, asked his appointed appellate attorney, Melinger, to raise several issues on appeal, but Melinger focused on three he found strongest and rejected two others; Barnes submitted a pro se brief adding all five issues, and the appellate court affirmed his conviction anyway. Barnes later sought federal habeas relief, arguing Melinger's refusal to raise every requested issue violated his Sixth Amendment right to effective counsel; the district court dismissed his petition, but a divided court of appeals panel reversed, holding Melinger was required to assert every legal issue Barnes wanted raised.
Whether an attorney assigned to represent a criminal defendant on appeal is under a duty to raise every non-frivolous issue the client requests.