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Constitutional Law Keyed to Choper
Halbert v. Michigan
Citation:
545 U.S. 605 (2005)Facts
Antonio Halbert pleaded nolo contendere to two counts of second-degree criminal sexual conduct. During his plea colloquy, the trial court advised him that he was giving up his right to appeal as of right, but did not clearly inform him that he would not be entitled to appointed counsel for a discretionary appeal. After sentencing, Halbert filed a handwritten motion to withdraw his plea, which the trial court denied. Halbert then twice requested appointed counsel to help him prepare an application for leave to appeal, stating that his sentence had been misscored, that he had learning disabilities, was mentally impaired, and had to rely on fellow inmates to prepare his filings. The trial court denied both requests, citing Michigan law that defendants who plead guilty or nolo contendere have no constitutional right to appointed appellate counsel. Acting pro se, Halbert filed an application for leave to appeal, which the Michigan Court of Appeals denied “for lack of merit in the grounds presented.”
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