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TESMER v. GRANHOLM

Nos. 00-1824, 00-1845.

295 F.3d 536 (2002)

John Clifford TESMER; Charles Carter; and Alois Schnell, on behalf of all similarly situated individuals; Arthur M. Fitzgerald; and Michael D. Vogler, Plaintiffs-Appellees, v. Jennifer GRANHOLM, Attorney General, Defendant, Judge John F. Kowalski; Judge William A. Crane; and Judge Lynda L. Heathscott, in their official capacities, individually and as representatives of a class of similarly situated circuit court judges, Defendants-Appellants, Judge Dennis C. Kolenda, Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 2, 2002.

Attorney(s) appearing for the Case

Thomas R. Wheeker (argued and briefed), Office of the Attorney General, Lansing, MI, Judy E. Bregman (argued and briefed), Bregman & Welch, Grand Haven, MI, for Appellants.

Mark Granzotto (briefed), Detroit, MI, Kary L. Moss (briefed), American Civil Liberties Union, Detroit, MI, for Appellees.

Before NORRIS, SILER, and BATCHELDER, Circuit Judges.

OPINION

NORRIS, Circuit Judge.

As amended in 1994, the Michigan Constitution provides that individuals who plead guilty to a crime may only appeal by leave of the court. Mich. Const.1963, Art. 1, § 20. The question litigated below centered on whether the federal constitution requires appointment of counsel to assist indigent defendants who wish to apply for leave to appeal. The district court issued a declaratory judgment holding that the denial of...

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