People of Michigan v. Rodolfo Michael Sanchez

Summary

Michigan Supreme Court remanded for appointment of substitute appellate counsel after defendant's prior attorneys allowed appellate deadlines to lapse without seeking direct review of plea-based convictions or filing a proper motion to withdraw under *Anders v. California*, 386 U.S. 738 (1967). The court applied *Halbert v. Michigan*, 545 U.S. 605 (2005), which requires counsel for indigent defendants on first-tier appeal following a guilty plea. Substitute counsel may file a delayed application for leave to appeal in the Court of Appeals or post-conviction motions within six months of appointment.

Holdings

1. The defendant is entitled to substitute appellate counsel under Halbert v Michigan because his previous appellate attorneys allowed the time limits for appellate review to expire without seeking direct review or filing a motion to withdraw that met the requirements of Anders v California.

Questions Presented

1. Whether the defendant is entitled to appointment of substitute appellate counsel due to ineffective assistance of appellate counsel.

Disposition

remanded