Monday, April 25, 2005
The Supreme Court will hear oral arguments in the following two cases today:
Halbert v. Michigan, No. 03-10198. Questions presented: (1) Does Michigan's law and practice of not appointing counsel to indigent defendants convicted by guilty plea, violate a defendant's 14th Amendment right to due process? (2) Is a defendant entitled to resentencing, where counsel failed to render effective assistance by not objecting to improper scoring under Michigan's sentencing guidelines which resulted in a considerably longer sentence? Details . . . To be argued by Wayne State CrimProf David Moran; NYT editorial here.
Gonzalez v. Crosby, No. 04-6432. Question presented: Whether the court of appeals erred in holding that every Rule 60(b) motion [other than for fraud under (b(3)] constitutes a prohibited "second or successive" petition as a matter of law? Details . . . [Mark Godsey]