Skip to main content
A Better Partnership
December 24, 2008

MSC denies retroactive application of Halbert v. Michigan

In an opinion issued December 22, 2008, the Michigan Supreme Court declined to give retroactive application to the U.S. Supreme Court's decision in Halbert v. Michigan, 545 U.S. 605 (2005), which held that indigent defendants who plead guilty to criminal offenses are entitled to appointed appellate counsel on direct appeal. Because defendant Maxson's appeal was final and the rule announced in Halbert did not satisfy either the federal or Michigan tests for applying a new rule of criminal procedure to a closed case, Maxson was not entitled to appointment of appellate counsel. The decision is People v. Maxson, No. 129693.

NOTICE. Although we would like to hear from you, we cannot represent you until we know that doing so will not create a conflict of interest. Also, we cannot treat unsolicited information as confidential. Accordingly, please do not send us any information about any matter that may involve you until you receive a written statement from us that we represent you.

By clicking the ‘ACCEPT’ button, you agree that we may review any information you transmit to us. You recognize that our review of your information, even if you submitted it in a good faith effort to retain us, and even if you consider it confidential, does not preclude us from representing another client directly adverse to you, even in a matter where that information could and will be used against you.

Please click the ‘ACCEPT’ button if you understand and accept the foregoing statement and wish to proceed.

ACCEPTCANCEL

Text

+ -

Reset