We all know that due process constitutionally guarantees that we'll get a trial - but what if we decide to waive that right? Most cases never even enter the courtroom. In fact, as the SCOTUS Blog points out, over ninety percent of defendants plead guilty without trial. Today in Halbert v. Michigan, the Supreme Court considered this issue, refining the scope of their right to appointed counsel to challenge aspects of their guilty pleas. This morning I had the pleasure of watching this Supreme Court debate live, and managed to take something from this case of only seemingly rhetorical value.
Antonio Dwayne Halbert pleaded no lo contendere (treated the same as a guilty plea for the purposes relevant to this case) to two charges of criminal sexual conduct with a minor. Then he tried to challenge his sentence through appeal. Unfortunately for Halbert, under Michigan state law appeals by defendants who plead guilty are not heard by the appellate court.
By filing a guilty plea, according to Michigan law he also forfeited his right to appeal. They view the plea as a bargain - a lesser sentence in exchange for a quicker ruling. Before Halbert pleaded guilty the judge read him the rules "you can plea under these circumstances..." and told him under which conditions he would be able to appeal his sentence. Nevertheless, because the judge only delineated the circumstances where he could bargain, Halbert's lawyers said he didn't fully understand the circumstances (he's learning-disabled).
The Supreme Court agreed to hear this case as a matter of settling an intra-judicial dispute. While the Michigan state Supreme Court ruled that Halbert cannot appeal based on the terms of his plea bargain, the 6th circuit court of appeals said he could.
Halpert claims that his denial of appeal violates both the due process clause and the equal protection clause in the constitution. They say that because Halbert could not afford a lawyer, he should constitutionally get court-appointed representation. Michigan holds that because he pleaded guilty, he's not entitled.
The Michigan defense highlighted the fact that the constitutional right to appeal is just that - a right, not a guarantee. They maintain that it is indeed an application process, not an organ of due process. They argue instead that at the heart of the due process debate is instead whether the state gives proper access to the application process.
Although the ruling won't be handed down for another two months, I think that the Supreme Court will surprise us and rule in favor of Michigan. Going into the debate the defense knew that Justices Breyer, Ginsburg, and Stevens would rule against them. In an interview after the hearing they identified Justice O'Connor and Justice Kennedy as the swing votes. In court I observed that O'Connor was not extremely opinionated, and Kennedy was relatively easy on the defense. Because of this, and the fact that O'Connor spent time as a state legislator and as Arizona assistant attorney general, I suspect that at least one will rule in favor of federalism.
I predict a 5-4 ruling in favor of Michigan.
LINKS:
NYT Editorial: Preserving the Right to a Lawyer
Halbert's Defense: Wayne State Law Prof David Moran
You can ping this entry by using http://WWW.dartmouthbeacon.COM/main/mt-tb.cgi/117 .
I visited the Supreme Court to hear the Halbert v. Michigan case. You can read about it at the Editorial Board....
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I've just been letting everything wash over me these days, but shrug. I don't care. Not much on my mind to speak of. I haven't been up to much.
I haven't been up to much recently, but whatever. Pretty much nothing notable happening recently. I just don't have much to say. I've just been hanging out waiting for something to happen.
I haven't been up to much recently, but whatever. Pretty much nothing notable happening recently. I just don't have much to say. I've just been hanging out waiting for something to happen.
Not much on my mind lately, but such is life. Not much noteworthy happening recently. I've just been sitting around doing nothing. Oh well. Today was a total loss.
I just don't have much to say recently. I feel like a complete blank, not that it matters. It's not important.
I've just been staying at home not getting anything done. I haven't been up to much recently. My life's been really bland recently. I've basically been doing nothing worth mentioning. I just don't have much to say lately.
I haven't gotten anything done today. I've just been letting everything happen without me. I can't be bothered with anything recently. I haven't been up to much lately. Oh well.
I haven't gotten anything done recently, but whatever. I can't be bothered with anything lately, but shrug. I've basically been doing nothing worth mentioning.
Not much on my mind lately, but whatever. It's not important. Today was a loss. Shrug.
My life's been really bland recently. Not much on my mind worth mentioning, not that it matters. That's how it is. I guess it doesn't bother me. I haven't been up to much today.
I haven't gotten much done lately. What can I say? Pretty much not much notable going on recently.
I've just been letting everything pass me by , but shrug. Today was a loss. Oh well. I haven't gotten much done.
I've just been sitting around waiting for something to happen. My life's been really boring these days. I can't be bothered with anything , not that it matters. Such is life. I've just been letting everything wash over me these days. Not much on my min...
I've just been letting everything happen without me lately. Not much on my mind these days. My life's been completely boring. I've just been sitting around doing nothing. I've more or less been doing nothing. My mind is like a void.
Not much on my mind. That's how it is. Pfft.
I just don't have much to say right now, but what can I say? I've just been hanging out waiting for something to happen, but oh well. It's not important. I guess it doesn't bother me. I feel like a complete blank. Not that it matters.
I've basically been doing nothing worth mentioning, but what can I say? Whatever. I just don't have much to say recently. That's how it is.
I haven't been up to anything these days, but pfft. My mind is like a fog. Not much on my mind. I've basically been doing nothing worth mentioning, but it's not important.