United States Sixth Circuit

A petition for a writ of habeas corpus in which petitioner sought to challenge his guilty plea in an assault case is granted where: 1) the rule in Halbert v. Michigan, 545 U.S. 605, 125 S. Ct. 2582 (2005) applies retroactively since it is not a "new rule" under Teague, but instead merely applies the holding of an earlier case; and 2) consequently, petitioner is entitled to a writ of habeas corpus on the ground that Michigan's refusal to appoint him appellate counsel to challenge his guilty plea was unconstitutional.

Appellate Information

• Decided 01/26/2007
• Published 01/26/2007

Judges

• Before: BOGGS, Chief Judge;  MARTIN, BATCHELDER, DAUGHTREY, MOORE, COLE, CLAY, GILMAN, GIBBONS, ROGERS, COOK, McKEAGUE, and GRIFFIN, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  E. Michael Rossman, Jones Day, Columbus, Ohio, for Appellant.  Eric Restuccia, Assistant Attorney General, Lansing, Michigan, for Appellee.   ON BRIEF:  E. Michael Rossman, Jones Day, Columbus, Ohio, for Appellant.  Eric Restuccia, Assistant Attorney General, Lansing, Michigan, for Appellee.