# Evitts v. Lucey > Supreme Court of the United States · March 18, 1985 · 469 U.S. 387 URL: https://www.frixlaw.com/law-library/cases/9429818 ## Case - **Full name:** EVITTS, SUPERINTENDENT, BLACKBURN CORRECTIONAL COMPLEX, Et Al. v. LUCEY - **Court:** Supreme Court of the United States - **Decided:** March 18, 1985 - **Citations:** 469 U.S. 387; 105 S. Ct. 830; 83 L. Ed. 2d 821; 1985 U.S. LEXIS 42 - **Precedential status:** Published - **Opinion:** Dissent by Burger - **Judges:** Blackmun, Brennan, Burger, Marshall, Powell, Rehnquist, Stevens, White - **Cited by:** 2,707 later opinions in the Frix Law Library ## Citator (automated) - No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases. - Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9429818 ## How later opinions describe it (automated extraction) - finding collateral legal consequences even when the defendant's "civil rights, including suffrage and the right to hold public office" were restored because the defendant is still subject to "the possibility that the conviction would be used to impeach testimony he might give … - holding that if a state chooses to dismiss an appeal when an incompetent attorney has violated local rules, it may do so only if such action does not intrude upon the client’s due process rights, noting that "when a State opts to act in a field where its action has significant… - stating that “[t]he promise of Douglas v. California, [372 U.S. 353 (1963)] that a criminal defendant has a right to counsel on his first appeal as of right — like the promise of Gideon v. Wainwright, [372 U.S. 335 (1963)] that a criminal defendant has a right to counsel at tr… - stating that “[t]he promise of Douglas v. California, [ 372 U.S. 353 (1963)] that a criminal defendant has a right to counsel on his first appeal as of right—like the promise of Gideon v. Wainwright, [ 372 U.S. 335 (1963)] that a criminal defendant has a right to counsel at tr… - finding case not moot when collateral consequences of petitioner’s conviction remain, “including the possibility that the conviction would be used to impeach testimony he might give in a future proceeding and the possibility that it would be used to subject him to persistent f… ## Opinion text Chief Justice Burger, dissenting. New things have so plagued the administration of criminal justice, or contributed more to lowered public confidence in *406 the courts, than the interminable appeals, the retrials, and the lack of finality. Today, the Court, as Justice Rehnquist cogently points out, adds another barrier to finality and one that offers no real contribution to fairer justice. I join Justice Rehnquist in dissenting. --- Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9429818. Public record. Not legal advice.