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Halbert v. Michigan

Docket No.: 03-10198
Certiorari Granted: Jan 7 2005
Argued: April 25, 2005
Decided: June 23, 2005

Topics:

Civil Rights, Indigents, Fourteenth Amendment, disparate impact, habeas, habeas corpus, ineffective assistance of counsel, sentencing guidelines

PartyNames: Antonio Dwayne Halbert v. Michigan
Petitioner: Antonio Dwayne Halbert
Respondent: Michigan

Court Below: Court of Appeals of Michigan
Citation: No. 244756
Supreme Court Docket

Antonio Dwayne Halbert
v.
Michigan
545 U.S. 605 (2005)
Question Presented:

1. Does Michigan's law and practice of not appointing counsel to indigent defendants convicted by guilty plea, violate Petitioner's Fourteenth Amendment right to due process? 2. Is Petitioner entitled to resentencing, where counsel failed to render effective assistance by not objecting to improper scoring under Michigan's sentencing guidelines which resulted in Petitioner receiving a considerably longer sentence?

Question:

Did the due process and equal protection clauses require the appointment of counsel for defendants, convicted on their pleas, who sought access to a Michigan appellate court?

Halbert v. Michigan
ORAL ARGUMENT

April 25, 2005

Holding: vacated and remanded
Vote: 7-2
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