Halbert v. Michigan
United States Supreme Court
545 U.S. 605 (2005)
Halbert (plaintiff) pleaded nolo contendere to two counts of criminal sexual conduct. Under Michigan law, a defendant convicted by guilty or nolo contendere plea must apply for leave to appeal to the Michigan Court of Appeals, rather than appealing as of right. Halbert asked for appointed counsel to help him seek that leave to appeal, but the trial court and appellate court denied his request, and the Michigan Supreme Court declined review. The U.S. Supreme Court granted certiorari to decide whether Michigan (defendant) could deny appointed counsel to plea-convicted defendants seeking this first level of appellate review.
Whether a criminal defendant convicted by a guilty or nolo contendere plea has a right to appointed counsel when applying for leave to pursue first-tier appellate review.