DUNCAN v. STATE

Docket Nos. 278652, 278858, 278860.

774 N.W.2d 89 (2009)

284 Mich. App. 246

DUNCAN v. STATE of Michigan.

Court of Appeals of Michigan.

Decided June 11, 2009, at 9:00 a.m.


Attorney(s) appearing for the Case

American Civil Liberties Union Fund of Michigan (by Michael J. Steinberg, Mount Clemens, Kary L. Moss, and Mark P. Fancher), Detroit and by Mark Granzotto, P.C. (by Mark R. Granzotto, Royal Oak), Frank D. Eaman PLLC (by Frank D. Eaman), Harper Woods, and Cravath, Swaine & Moore LLP (by Julie A. North and Elizabeth Kennedy), and American Civil Liberties Union Foundation (by Robin Dahlberg and Emily Chiang), for the plaintiffs.

Michael A. Cox, Attorney General, B. Eric Restuccia, Solicitor General, and Denise C. Barton, Margaret A. Nelson, Ann M. Sherman, and Jason R. Evans, Assistant Attorneys General, for the defendants.

Before: MURPHY, P.J., and SAWYER and WHITBECK, JJ.


MURPHY, P.J.

At its core, this case involves a claim that the named plaintiffs, along with members of the certified class, i.e., present and future indigent defendants subject to felony prosecutions in the trial courts of Berrien, Genesee, and Muskegon counties, have been, are being, and will be denied their state and federal constitutional rights to counsel and the effective assistance of counsel, Const. 1963, art. 1, § 20, and U.S. Const., Am. VI, directly...

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