William Rehnquist

“ Although Virginia's procedures are not as far reaching and effective as those available in other States, no Virginia death row inmates have been unable to obtain counsel to represent them in postconviction proceedings, and Virginia's prison system is staffed by institutional lawyers to assist inmates in such matters. Bounds' meaningful-access requirement can be satisfied in various ways, and state legislatures and prison administrators must be given "wide discretion" to select appropriate solutions from a range of complex options. ”

“ It would be an even stranger jurisprudence to allow, as the dissent would, the "right of access" involved in Bounds v. Smith, supra, to partially overrule Pennsylvania v. Finley, based on "factual" findings of a particular district court regarding matters such as the perceived difficulty of capital sentencing law and the general psychology of death row inmates. ”

“ They argue that, under the Eighth Amendment, "evolving standards of decency" do not permit a death sentence to be carried out while a prisoner is unrepresented. Brief for Respondents 47. In the same vein, they contend that due process requires appointed counsel in postconviction proceedings, because of the nature of the punishment and the need for accuracy. Id., at 48-49.
We have recognized on more than one occasion that the Constitution places special constraints on the procedures used to convict an accused of a capital offense and sentence him to death. ”

“ Respondents suggest that appointment of counsel might even benefit Virginia by speeding, or at least clarifying, the Virginia postconviction process. The situation of death row inmates may well be the basis for state policy to provide them extra legal assistance or more lenient standards of pro se pleading. ”

“ Estelle, 463 U.S. 880, 887, 103 S.Ct. 3383, 3391, 77 L.Ed.2d 1090 (1983) , we observed that "direct appeal is the primary avenue for review of a conviction or sentence, and death penalty cases are no exception." ”

“ Respondents contend that these prisoners are denied adequate and timely access to a law library during the final weeks before the date set for their execution. If respondents are correct, the District Court on remand may remedy this situation without any need to enlarge the holding of Bounds. ”

“ Each of these three centers maintain law libraries. Inmates at Mecklenberg are allowed two library periods per week; inmates at the other facilities may borrow materials from the prison library for use in their cells.↑ At the time the District Court decided the case, Virginia courts were authorized to appoint counsel to individual inmates as follows:↑ Respondents offer this theory-that the Constitution requires postconviction cases involving the death penalty to be treated differently from other postconviction cases-as a basis for affirmance in addition to their reliance on Bounds v. ”

“ Further, it found that " [e] ven if Virginia appointed additional institutional attorneys to service death row inmates, its duty under Bounds would not be fulfilled" because, acting "only as legal advisors," " [t] he scope of assistance these attorneys provide is simply too limited." Ibid. Along the same lines, the District Court concluded that Virginia's provisions for appointment of counsel after a petition is filed did not cure the problem. ”

“ Ohio, 438 U.S. 586, 604, 98 S.Ct. 2954, 2964, 57 L.Ed.2d 973 (1978) (jury must be allowed to consider all of a capital defendant's mitigating character evidence) ; Eddings v. Oklahoma, 455 U.S. 104, 102 S.Ct. 869, 71 L.Ed.2d 1 (1982) (same) . The finality of the death penalty requires "a greater degree of reliability" when it is imposed. ”