PEOPLE v. CARPENTIER

Docket No. 97268, (Calendar No. 10).

446 Mich. 19 (1994)

521 N.W.2d 195

PEOPLE v. CARPENTIER

Supreme Court of Michigan.

Decided August 2, 1994.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, Arthur A. Busch, Prosecuting Attorney, Donald A. Kuebler, Chief, Research, Training, and Appeals, and Gladys Christopherson, Assistant Prosecuting Attorney, for the people.

Earl R. Spuhler and Kenneth M. Malkin for the defendant.

Amici Curiae:

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, John D. O'Hair, Prosecuting Attorney, and Timothy A. Baughman, Chief, Research, Training, and Appeals, for Wayne County Prosecutor's Office.

Kenneth M. Malkin for Criminal Defense Attorneys of Michigan.


BRICKLEY, J.

This case asks us to determine, in the context of a collateral challenge of juvenile adjudications used for purposes of subsequent recidivist sentencing and where the relevant juvenile records have been expunged, which party bears the initial burden of proving that the underlying convictions were procured without counsel or a proper waiver of counsel. Because we conclude that the alleged error is a jurisdictional defect not subject to the prerequisites...

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