Duncan v. State
Michigan Court of Appeals
774 N.W.2d 89 (Mich. App. 2009)
Relevant factsFree
Duncan and other plaintiffs brought a class action against the State of Michigan (defendant), alleging the state's system for appointing counsel to indigent criminal defendants systematically violated their Sixth Amendment right to effective assistance of counsel. The lower court denied the state's motion to dismiss, and the state appealed, arguing that individual criminal appeals - not a class action - were the proper avenue for defendants alleging ineffective assistance.
IssueFree
Whether a criminal appeal is the only avenue for relief available to criminal defendants alleging ineffective assistance of counsel, or whether a class action alleging systemic failure is also appropriate.