Legal Opinion · Dissent

People v. Asquini

Michigan Court of Appeals

Decided February 6, 1998No. Docket No. 198907Published

1DissentO’Connell, J.

I concur with the well-written analysis of the law set forth in the majority opinion. However, I conclude that the process used by the district court to accept defendant’s pleas did not constitute a valid waiver of counsel. It is a well-established principle of law that a defendant must be informed, before entering a plea, of the right to the assistance of an attorney and, if the defendant is indigent, that the court will appoint an attorney at public expense. People v Adkins (After Remand), 452 Mich 702, 720-722; 551 NW2d 108 (1996); MCR 6.610(E). The court must question the defendant to…

2Cases cited12 opinions

  1. Brady v. United StatesSupreme Court of the United States · 1970
  2. Burgett v. TexasSupreme Court of the United States · 1967
  3. Malinski v. New YorkSupreme Court of the United States · 1945
  4. In Re Guilty Plea CasesMichigan Supreme Court · 1975
  5. People v. AdkinsMichigan Supreme Court · 1996

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