Friday, June 12, 2009

Huge New Michigan Case: Michigan Indigent Defense System On Trial

A HUGELY significant case came out from the Michigan Court of Appeals today. In a nutshell, the case is a class action against the State of Michigan and the Governor for failing to provide adequate defense counsel for indigent defendants.

What is significant is that the case is being allowed to go forward. I will post more about this once I've had time to read and digest it all - the opinion is 53 pages long and the dissent is 35 pages long. It also will remain to be seen if it survives Michigan Supreme Court review, but there is a chance it could after last year's election.

The case is Duncan v State of Michigan. Here is the opinion. Here is the dissent.

1 comment:

S said...

Wow. I've only read the first few paragraphs so far, but you've got to love an opinion that cites Marbury. Given our country's current economic state, this can't be the only litigation re: indigent defense going on. Please keep us posted.