Duncan v. State of Michigan

Joint amicus curiae brief of the National Association of Criminal Defense Lawyers, Brennan Center for Justice at New York University School of Law, NAACP Legal Defense & Education Fund, and The Constitution Project.

Brief filed: 03/26/2010


Duncan v. State of Michigan

Michigan Supreme Court;


The right to effective assistance of counsel under the Sixth Amendment, and the Michigan State constitutional analogue is broader than the right to assistance at trial and requires more than the mere appointment of counsel. The Strickland post-conviction remedial standard is the wrong standard in a class action seeking prospective relief to halt and prevent system-wide deficiencies in how Michigan meets its constitutional obligation to provide indigent defendants effective assistance of counsel. The right to effective assistance of counsel is cognizable prospectively. The failure to provide adequate indigent defense services disproportionately burdens communities of color.

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David F. DuMouchel, Laurie J. Michelson, Mary M. Mullen, BUTZEL LONG, A professional corporation, Detroit, MI.