Legal Opinion
Tesmer v. Granholm
Court of Appeals for the Sixth Circuit
Decided July 2, 2002No. Nos. 00-1824, 00-1845PublishedCited by 2 opinions
1Opinion of the Court
OPINION
NORRIS, Circuit Judge.
As amended in 1994, the Michigan Constitution provides that individuals who plead guilty to a crime may only appeal by leave of the court. Mich. Const.1963, Art. 1, § 20. The question litigated below centered on whether the federal constitution requires appointment of counsel to assist indigent defendants who wish to apply for leave to appeal. The district court issued a declaratory judgment holding that the denial of appointed counsel under these circumstances violates the United States Constitution. In an effort to enforce its judgment, the court enjoined the…
2Cases cited27 opinions
- Anders v. CaliforniaSupreme Court of the United States · 1967
- Younger v. HarrisSupreme Court of the United States · 1971
- Hill v. LockhartSupreme Court of the United States · 1985
- San Antonio Independent School District v. RodriguezSupreme Court of the United States · 1973
- Singleton v. WulffSupreme Court of the United States · 1976
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3Cited by2 opinions
- Kowalski v. TesmerSupreme Court of the United States · 2004
- Tesmer v. GranholmCourt of Appeals for the Sixth Circuit · 2002