Lavin v. Rednour

Ct. of Appeals granted appointed counsel’s motion seeking guidance on scope of counsel’s representation when prisoner-client seeks to have counsel brief issues that are not contained in certificate of appealability from denial of prisoner’s habeas petition. Counsel has no obligation to argue claims that are not certified for appeal, but may file motion with Ct. of Appeals to expand certificate to include additional claims that counsel believes contain debatable or wrong rulings by Dist. Ct. Moreover, counsel should also file motion with Ct. of Appeals seeking permission not to brief any certified issue that counsel believes should not have been certified. Finally, Ct. rejected appointed counsel’s request to establish Anders-style procedure whenever prisoner in appeal of habeas proceeding disagrees with appointed counsel’s representation about arguments brought before court.