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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.

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