Legal Opinion

Halbert v. Michigan

Supreme Court of the United States

Decided June 23, 2005No. 03-10198PublishedCited by 381 opinions

1Opinion of the CourtJustice Ginsburg

In 1994, Michigan voters approved a proposal amending the State Constitution to provide that “an appeal by an accused who pleads guilty or nolo contendere shall be by leave of the court.” Mich. Const., Art. 1, §20. Thereafter, “several Michigan state judges began to deny appointed appellate counsel to indigents” convicted by plea. Kowalski v. Tesmer, 543 U. S. 125, 127 (2004). Rejecting challenges based on the Equal Protection and Due Process Clauses of the Fourteenth Amendment to the Federal Constitution, the Michigan Supreme Court upheld this practice, and its codification in Mich. Comp.…

2Cases cited16 opinions

  1. Anders v. CaliforniaSupreme Court of the United States · 1967
  2. Gideon v. WainwrightSupreme Court of the United States · 1963
  3. Brady v. United StatesSupreme Court of the United States · 1970
  4. Powell v. AlabamaSupreme Court of the United States · 1932
  5. Griffin v. IllinoisSupreme Court of the United States · 1956

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3Cited by381 opinions

  1. Martinez v. RyanSupreme Court of the United States · 2012
  2. Lafler v. CooperSupreme Court of the United States · 2012
  3. Davila v. DavisSupreme Court of the United States · 2017
  4. Hooks v. WorkmanCourt of Appeals for the Tenth Circuit · 2012
  5. Gary Sutton v. Wayne CarpenterCourt of Appeals for the Sixth Circuit · 2014

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