Summary
The Michigan Supreme Court ordered the application for leave to appeal held in abeyance pending the Sixth Circuit's decision in Simmons v. Metrish, which concerned the retroactivity of Halbert v. Michigan. The case addresses whether indigent defendants who pleaded guilty are entitled to appointed appellate counsel and whether Halbert applies retroactively to collateral proceedings. Separate opinions disagreed on whether counsel should be appointed immediately and whether Halbert constituted a new rule under Teague v. Lane.
Holdings
- The application for leave to appeal was held in abeyance pending the decision of the United States Court of Appeals for the Sixth Circuit in Simmons v. Metrish.
Questions Presented
- Whether Halbert v. Michigan applies retroactively to a motion for relief from judgment in a case involving a plea-based conviction that became final before Halbert was decided.
- Whether defendant's application for leave to appeal should be held in abeyance pending the Sixth Circuit's decision in Simmons v. Metrish.
Disposition
other
Cases Cited (21)
- Simmons v. Metrish, No. 03-2609(followed procedurally)
- Halbert v. Michigan, 545 U.S. ___, 125 S. Ct. 2582, 162 L. Ed. 2d 552 (2005)(applied as the issue under review)
- Abela v. General Motors Corp., 469 Mich. 603, 607, 677 N.W.2d 325 (2004)(followed)
- People v. Sexton, 458 Mich. 43, 52, 580 N.W.2d 404 (1998)(followed)
- Hyde v. University of Michigan Board of Regents, 426 Mich. 223, 240, 393 N.W.2d 847 (1986)(followed)
- People v. Doyle, 451 Mich. 93, 104, 545 N.W.2d 627 (1996)(followed)
- Teague v. Lane, 489 U.S. 288, 109 S. Ct. 1060, 103 L. Ed. 2d 334 (1989)(followed)
- Graham v. Collins, 506 U.S. 461, 467, 478, 113 S. Ct. 892, 122 L. Ed. 2d 260 (1993)(followed)
- Beard v. Banks, 542 U.S. 406, 411-417, 124 S. Ct. 2504, 159 L. Ed. 2d 494 (2004)(followed)
- Douglas v. California, 372 U.S. 353, 83 S. Ct. 814, 9 L. Ed. 2d 811 (1963)(compared)
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