State v. Coffey , 1977 Utah LEXIS 1144 ( 1977 )

CROCKETT, Justice

(concurring, with comment):

I concur, but add the comment that I trust that no aspersion is intended upon either trial or appellate counsel. It seems to me they each competently discharged their duties. But appellate counsel was placed in an awkward position because of some distortions in criminal procedure in recent years. See e. g. Duran v. Turner, 30 Utah 2d 249, 516 P.2d 353 (1973) and comment therein in regard to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), which later case indicates that an appeal should be taken, however merit-less or useless it may be, which impresses me as a fatuous dictum, which serves no useful purpose to society and does no credit to the administration of justice.