Breyer, J., concurring ROE v. FLORES-ORTEGA ____ U. S. ____ (2000) SUPREME COURT OF THE UNITED STATES No. 98–1441

ERNEST C. ROE, WARDEN, PETITIONER v. LUCIO FLORES-ORTEGA

on writ of certiorari to the united states court of appeals for the ninth circuit

[February 23, 2000]

Justice Breyer, concurring.

I write to emphasize that the question presentedconcerned the filing of a “notice of appeal following a guilty plea.” Pet. for Cert. i (emphasis added). In that context I agree with the Court. I also join its opinion, which, in my view, makes clear that counsel does “almost always” have a constitutional duty to consult with a defendant about an appeal after a trial. Post, at 1 (Souter, J., concurring in part and dissenting in part); cf. ante, at 7–9.