PEOPLE v. BILLINGS

Docket Nos. 282131, 284474.

770 N.W.2d 893 (2009)

283 Mich. App. 538

PEOPLE v. BILLINGS People v. Shively.

Court of Appeals of Michigan.

Decided April 23, 2009, at 9:00 a.m.


Attorney(s) appearing for the Case

Michael A. Cox, Attorney General, B. Eric Restuccia, Solicitor General, Michael D. Thomas, Prosecuting Attorney, and Randy L. Price and J. Thomas Horizny, Assistant Prosecuting Attorney, for the people.

State Appellate Defender (by Peter Jon Van Hoek) for Karen S. Billings.

Sturtz & Sturtz, P.C. (by A. Lee Sturtz), Saginaw, for Gordon L. Shively.

Before: BANDSTRA, P.J., and WHITBECK and SHAPIRO, JJ.


SHAPIRO, J.

These consolidated appeals involve defendants who pleaded guilty of crimes after the United States Supreme Court issued Halbert v. Michigan, 545 U.S. 605, 125 S.Ct. 2582, 162 L.Ed.2d 552 (2005), which declared MCL 770.3a unconstitutional. In both cases, the trial court elicited an acknowledgement from defendants that they understood they were waiving their right to appellate counsel appointed at taxpayers' expense...

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