People of Michigan v. Kenneth Jay Houlihan

Michigan Supreme Court

People of Michigan v. Kenneth Jay Houlihan

DecidedSeptember 23, 2005

Docket128340

StatusPublished

This text of People of Michigan v. Kenneth Jay Houlihan (People of Michigan v. Kenneth Jay Houlihan) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People of Michigan v. Kenneth Jay Houlihan, (Mich. 2005).

Pincite

Opinion

Order Supreme Court Lansing, Michigan

September 23, 2005 Clifford W. Taylor, Chief Justice

Michael F. Cavanagh 128340 Elizabeth A. Weaver Marilyn Kelly Maura D. Corrigan Robert P. Young, Jr. PEOPLE OF THE STATE OF MICHIGAN, Stephen J. Markman, Plaintiff-Appellee, Justices

v SC: 128340 COA: 256534 Kent CC: 01-002731-FC KENNETH JAY HOULIHAN, Defendant-Appellant.

_________________________________________/

On order of the Court, the application for leave to appeal the February 10, 2005 order of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(l), we direct the Clerk to schedule oral argument on whether to grant the application or take other peremptory action permitted by MCR 7.302(G)(l). The parties are directed to file supplemental briefs by October 24, 2005, addressing whether the holding in Halbert v Michigan, 545 US ___; 125 S Ct 2582; 162 L Ed 2d 552 (2005), retroactively applies to defendant’s motion for relief from judgment from his plea-based conviction where the trial court denied his request for the appointment of appellate counsel to assist him in pursuing a direct appeal. In addressing this issue, the parties may benefit from considering Teague v Lane, 489 US 288, 356; 109 S Ct 1060; 103 L Ed 2d 334 (1989), Beard v Banks, 542 US 406; 124 S Ct 2504; 159 L Ed 2d 494 (2004), and Howard v United States, 374 F3d 1068 (CA 11, 2004).

We further order the Kent Circuit Court to appoint the State Appellate Defender Office to represent the defendant in this Court.

The Criminal Defense Attorneys of Michigan and the Prosecuting Attorneys Association of Michigan are invited to file briefs amicus curiae by November 1, 2005.

I, CORBIN R. DAVIS, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court. September 23, 2005 _________________________________________ s0919 Clerk

Free access — add to your briefcase to read the full text and ask questions with AI

Order Supreme Court Lansing, Michigan

September 23, 2005 Clifford W. Taylor, Chief Justice

Michael F. Cavanagh 128340 Elizabeth A. Weaver Marilyn Kelly Maura D. Corrigan Robert P. Young, Jr. PEOPLE OF THE STATE OF MICHIGAN, Stephen J. Markman, Plaintiff-Appellee, Justices

v SC: 128340 COA: 256534 Kent CC: 01-002731-FC KENNETH JAY HOULIHAN, Defendant-Appellant.

_________________________________________/

On order of the Court, the application for leave to appeal the February 10, 2005 order of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(l), we direct the Clerk to schedule oral argument on whether to grant the application or take other peremptory action permitted by MCR 7.302(G)(l). The parties are directed to file supplemental briefs by October 24, 2005, addressing whether the holding in Halbert v Michigan, 545 US ___; 125 S Ct 2582; 162 L Ed 2d 552 (2005), retroactively applies to defendant’s motion for relief from judgment from his plea-based conviction where the trial court denied his request for the appointment of appellate counsel to assist him in pursuing a direct appeal. In addressing this issue, the parties may benefit from considering Teague v Lane, 489 US 288, 356; 109 S Ct 1060; 103 L Ed 2d 334 (1989), Beard v Banks, 542 US 406; 124 S Ct 2504; 159 L Ed 2d 494 (2004), and Howard v United States, 374 F3d 1068 (CA 11, 2004).

We further order the Kent Circuit Court to appoint the State Appellate Defender Office to represent the defendant in this Court.

The Criminal Defense Attorneys of Michigan and the Prosecuting Attorneys Association of Michigan are invited to file briefs amicus curiae by November 1, 2005.

I, CORBIN R. DAVIS, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court. September 23, 2005 _________________________________________ s0919 Clerk

Cite This Page — Counsel Stack

Bluebook (online)

People of Michigan v. Kenneth Jay Houlihan, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-of-michigan-v-kenneth-jay-houlihan-mich-2005.

Opinion

Related

Cite This Page — Counsel Stack