In June, a split panel of the Michigan Court of Appeals ruled in Duncan, et al. v. State of Michigan, et al. (majority opinion here) (dissenting opinion here) that plaintiffs can proceed with claims that the indigent defense systems in Berrien, Genesee, and Muskegon counties are constitutionally deficient.
The Michigan Supreme Court, in an order released Friday, has agreed to review the case.
The MSC’s order directs the Clerk of the Court
to place this case on the April 2010 session calendar for argument and submission. Appellants’ brief and appendix must be filed no
later than February 8, 2010, and appellees’ brief and appendix, if appellees choose to submit an appendix, must be filed no later than March 11, 2010.
The Criminal Law Section of the State Bar of Michigan, the Prosecuting Attorneys Association of Michigan, and the Criminal Defense Attorneys of Michigan are invited to file briefs amicus curiae, to be filed no later than March 29, 2010. Other persons or groups interested in the determination of the issues presented in this case may move the Court for permission to file briefs amicus curiae, to be filed no later than March 29, 2010.