HALBERT v. MICHIGAN

No. 03-10198.

545 U.S. 605 (2005)

125 S.Ct. 2582

162 L.Ed.2d 552

HALBERT v. MICHIGAN.

Supreme Court of United States.

Decided June 23, 2005.


Attorney(s) appearing for the Case

David A. Moran argued the cause for petitioner. On the briefs were Mark Granzotto, Michael J. Steinberg, Kary L. Moss, Steven R. Shapiro, and Terence R. Flanagan.

Bernard Eric Restuccia, Assistant Attorney General of Michigan, argued the cause for respondent. With him on the brief were Michael A. Cox, Attorney General, and Thomas L. Casey, Solicitor General.

Gene C. Schaerr argued the cause for the State of Louisiana et al. as amici curiae urging affirmance. With him on the brief were Charles C. Foti, Attorney General of Louisiana, Mimi Hunley, Assistant Attorney General, Julie E. Cullen, Linda T. Coberly, and Charles B. Klein, and by the Attorneys General for their respective States as follows: Troy King of Alabama, John W. Suthers of Colorado, Mark J. Bennett of Hawaii, Steve Carter of Indiana, J. Joseph Curran, Jr., of Maryland, Jim Hood of Mississippi, Mike McGrath of Montana, Brian Sandoval of Nevada, Jim Petro of Ohio, W. A. Drew Edmondson of Oklahoma, Henry D. McMaster of South Carolina, Lawrence E. Long of South Dakota, Paul G. Summers of Tennessee, Greg Abbott of Texas, Mark L. Shurtleff of Utah, and Rob McKenna of Washington.*


JUSTICE GINSBURG delivered the opinion of the Court.

In 1994, Michigan voters approved a proposal amending the State Constitution to provide that "an appeal by an accused who pleads guilty or nolo contendere shall be by leave of the court." Mich. Const., Art. 1, § 20. Thereafter, "several Michigan state judges began to deny appointed appellate counsel to indigents" convicted by plea. Kowalski v. Tesmer,

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