Legal Opinion · Concurrence

People v. Carpentier

Michigan Supreme Court

Decided August 2, 1994No. 97268, (Calendar No. 10)Published

1ConcurrenceRiley, J.

At issue in the instant case is the application of MCR 6.508(D)(3) to a collateral challenge of prior convictions utilized in *39the sentencing process of a nearly decade-old sentence, alleging that the prior convictions were constitutionally infirm because of the lack of counsel or the waiver of counsel. MCR 6.508(D)(3) bars such a challenge unless the defendant shows that (1) good cause exists for the delay in bringing the motion or there is a significant probability that he is innocent and (2) he has been actually prejudiced because of the alleged error. Nevertheless, the good-cause and…

2Cases cited62 opinions

  1. Boykin v. AlabamaSupreme Court of the United States · 1969
  2. Johnson v. ZerbstSupreme Court of the United States · 1938
  3. Gideon v. WainwrightSupreme Court of the United States · 1963
  4. Murray v. CarrierSupreme Court of the United States · 1986
  5. Gideon v. WainwrightSupreme Court of the United States · 1963

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