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VAN v. JONES

No. 04-2277.

475 F.3d 292 (2007)

Roeur VAN, Petitioner-Appellant, v. Kurt JONES, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 16, 2007.

Attorney(s) appearing for the Case

ARGUED: Mary Beth Young, Jones Day, Columbus, Ohio, for Appellant. William C. Campbell, Office of the Attorney General, Lansing, Michigan, for Appellee. ON BRIEF: Mary Beth Young, Holly H. Saigo, Jones Day, Columbus, Ohio, for Appellant. William C. Campbell, Office of the Attorney General, Lansing, Michigan, for Appellee.

Before BOGGS, Chief Judge; and MOORE and COOK, Circuit Judges.

BOGGS, C.J., delivered the opinion of the court. COOK, J., (p. 316), delivered a separate concurring opinion. MOORE, J. (pp. 316-18), delivered a separate dissenting opinion.

OPINION

BOGGS, Chief Judge.

Is a Michigan defendant's consolidation hearing a critical stage of the criminal proceeding against him? And, if so, what results from his counsel's total absence from that hearing? These questions are the nub of this case.

Roeur Van appeals...

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