For Your Data Halbert V. Michigan Instance Brief
August 18, 2020
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Halbert v. Michigan case brief summary
545 U.S. 605 (2005)
CASE FACTS
The number was whether the instant instance should bring been aligned amongst prior precedent requiring the terra firma to appoint counsel for an indigent defendant's first-tier appeal every bit of correct or precedent that did non postulate the terra firma to appoint counsel for an indigent seeking to pursue a second-tier discretionary appeal.
DISCUSSION
The judgment of the Michigan Court of Appeals was vacated together with the instance was remanded for farther proceedings.
Recommended Supplements for Criminal Procedure Criminal Procedure: Examples & Explanations, Sixth Edition
Emanuel Law Outline: Criminal Procedure
545 U.S. 605 (2005)
CASE SYNOPSIS
Petitioner was convicted on a plea of nolo contendere of second-degree criminal sexual conduct. Petitioner sought the engagement of counsel to assistance him inwards applying for run out to appeal to the Michigan Court of Appeals. The lower courts denied petitioner's requests for appointed counsel, together with the Michigan Supreme Court declined review. Certiorari was granted to consider whether the denial of appointed counsel violated the Fourteenth Amendment.CASE FACTS
The number was whether the instant instance should bring been aligned amongst prior precedent requiring the terra firma to appoint counsel for an indigent defendant's first-tier appeal every bit of correct or precedent that did non postulate the terra firma to appoint counsel for an indigent seeking to pursue a second-tier discretionary appeal.
DISCUSSION
- Two aspects of the Michigan Court of Appeals' procedure next plea-based convictions led to the upshot that precedent concerning first-tier appeal every bit of correct provided the controlling instruction.
- First, inwards determining how to dispose of an application for run out to appeal under Mich. Comp. Laws § 770.3a (2000), Michigan's intermediate appellate courtroom looked to the merits of the claims made inwards the application.
- Second, indigent defendants pursuing first-tier review inwards the Michigan Court of Appeals were to a greater extent than frequently than non sick equipped to correspond themselves.
- In this case, petitioner had non waived the correct to appointed counsel yesteryear entering the nolo contendere plea because at the fourth dimension he entered the plea, he had no recognized correct to appointed appellate counsel that he could bring elected to forgo.
The judgment of the Michigan Court of Appeals was vacated together with the instance was remanded for farther proceedings.
Recommended Supplements for Criminal Procedure Criminal Procedure: Examples & Explanations, Sixth Edition
Emanuel Law Outline: Criminal Procedure