People v. Maxson

Once again, the majority “swerves and dodges the decisions of the United States Supreme Court” to deny indigent defendants access to justice, this time by refusing to retroactively apply the rule of Halbert v Michigan, 545 US 605; 125 S Ct 2582; 162 L Ed 2d 552 (2005). See People v Bulger, 462 Mich 495, 522; 614 NW2d 103 (2000) (CAVANAGH, J., dissenting). Ironically, the majority now applies the same reasoning that the United States Supreme Court rejected in Halbert to conclude that Halbert should not apply retroactively. I must respectfully dissent.

Before 1994, indigent defendants in…