Case: Tesmer v. Granholm

1:00-cv-10082 | U.S. District Court for the Eastern District of Michigan

Filed Date: March 2, 2000

Closed Date: 2005

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Case Summary

In 1994, the Michigan State Constitution was amended to provide that a defendant who pled guilty would be allowed to appeal only by leave of court and not by right or as a matter of course. Following the amendment, some state judges engaged in the practice of denying the appointment of appellate counsel to indigent defendants who pled guilty. In 2000, the Legislature codified this practice by passing a statute which prohibited (with certain mandatory and permissive exceptions) the appointment…

On March 2, 2000, Plaintiffs filed this §1983 suit in the United States District Court for the Eastern District of Michigan in order to challenge the constitutionality of the appointment procedure codified by the statute. The suit was filed against the state attorney general and three state judges. Plaintiffs included two attorneys and three indigent criminal defendants who had been denied appellate counsel after entering guilty pleas. Plaintiffs, represented by the American Civil Liberties Union Fund of Michigan, claimed that the appointment procedure was violative of the due process and equal protection clauses of the United States Constitution and sought declaratory and injunctive relief against the practice and the statute.

On March 23, 2000, Defendants filed a motion to dismiss. On March 31, 2000, one day before the statute was set to go into effect, the District Court (Judge Victoria A. Roberts) issued an order denying in part Defendants' motion to dismiss and declaring the challenged appointment practice and statute unconstitutional under the equal protection and due process clauses of the U.S. Constitution. Tesmer v. Granholm, 114 F. Supp. 2d 603 (E.D Mich. 2000). The District Court did not, however, grant Plaintiffs' motion for a preliminary injunction, stating that §1983 did not permit injunctive relief against judicial officers unless the officers had violated a declaratory decree. Tesmer v. Granholm, 114 F. Supp. 2d 603, 605 (E.D. Mich. 2000).

On May 9, 2000, Plaintiffs filed another motion for injunctive relief, this time arguing that state court judges had failed to abide by the District Court's March 31 declaratory decree. Also, by motion of March 30, 2000, the plaintiffs sought to certify a class of circuit court judges as defendants.

On June 30, 2000, the District Court (Judge Roberts) granted Plaintiffs motion for an injunction, stating that such injunction was necessary to enforce of its prior declaratory Order. The Court thereby enjoined Michigan state judges from denying appellate counsel to indigents who pleaded guilty. Tesmer v. Kowalski, 114 F. Supp. 2d 622 (E.D. Mich. 2000). The District Court denied, however, Plaintiffs' motion for certification of a defendant class on grounds that such certification would constitute expansion, and not mere enforcement, of its prior Order. Tesmer v. Kowalski, 114 F. Supp. 2d 622, 629 (E.D Mich. 2000).

On April 10, 2000, Defendants filed an appeal to the United States Court of Appeals for the Sixth Circuit. On July 2, 2002, a panel of the Sixth Circuit (Judges Alice M. Batchelder, Alan E. Norris, and Eugene E. Siler, Jr.) issued an order reversing the District Court. Tesmer v. Granholm, 295 F. 3d 536 (6th Cir. 2002). The panel first held that Younger abstention barred suit by the indigent-plaintiffs but that the attorney-plaintiffs had third-party standing to assert the rights of the indigents. In turning to the merits of the suit, however, the panel held that the statute was constitutional.

On July 10, 2002, Plaintiffs filed a petition for rehearing en banc. The plaintiffs' petition was granted by the Sixth Circuit on September 20, 2002. Tesmer v. Granholm, 307 F.3d 459 (6th Cir. 2002). On June 17, 2003, the en banc court issued an opinion reversing the panel decision. Tesmer v. Granholm, 333 F.3d 683 (6th Cir. 2003). The en banc court agreed with the panel that the attorney-plaintiffs had standing, but concluded that reversal was nevertheless appropriate because the statute was, in fact, unconstitutional. Tesmer v. Granholm, 333 F.3d 683, 686 (6th Cir. 2003).

On January 20, 2004, the United States Supreme Court granted certiorari. Kowalski v. Tesmer, 540 U.S. 1148 (2004). On December 13, 2004, the Supreme Court reversed the en banc decision of the Sixth Circuit. Kowalski v. Tesmer, 543 U.S. 125 (2004). The Court resolved the matter by concluding that the attorney-plaintiffs lacked standing and, therefore, did not reach the question of whether the practice and statute were constitutional.

On April 21, 2005, the suit was finally dismissed.

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Summary Authors

Vidhya Reddy (2/12/2008)

People

Judge(s)

Batchelder, Alice Moore (Ohio)

Boggs, Danny Julian (Kentucky)

Breyer, Stephen Gerald (District of Columbia)

Attorney for Plaintiff

Attorney for Defendant

Bregman, Judy E. (Michigan)

Casey, Thomas L. (Michigan)

Judge(s)

Batchelder, Alice Moore (Ohio)

Boggs, Danny Julian (Kentucky)

Breyer, Stephen Gerald (District of Columbia)

Clay, Eric L. (Michigan)

Cole, Ransey Guy Jr. (Ohio)

Daughtrey, Martha Craig (Tennessee)

Gibbons, Julia Smith (Tennessee)

Gilman, Ronald Lee (Tennessee)

Ginsburg, Ruth Bader (District of Columbia)

Kennedy, Anthony McLeod (District of Columbia)

Lawson, David M. (Michigan)

Martin, Boyce Ficklen Jr. (Kentucky)

Moore, Karen Nelson (Ohio)

Norris, Alan Eugene (Ohio)

O'Connor, Sandra Day (District of Columbia)

Rehnquist, William Hubbs (District of Columbia)

Roberts, Victoria A. (Michigan)

Rogers, John M. (District of Columbia)

Scalia, Antonin (District of Columbia)

Siler, Eugene Edward Jr. (Kentucky)

Souter, David Hackett (District of Columbia)

Stevens, John Paul (District of Columbia)

Thomas, Clarence (District of Columbia)

Attorney for Plaintiff

Dagher-Margosian, Jeanice (Michigan)

Granzotto, Mark (Michigan)

Moran, David A. (Michigan)

Moss, Kary L. (Michigan)

Shapiro, Steven R. (New York)

Steinberg, Michael J. (Michigan)

Attorney for Defendant

Bregman, Judy E. (Michigan)

Casey, Thomas L. (Michigan)

Cox, Michael A. (Michigan)

Nelson, Margaret A. (Michigan)

Wheeker, Thomas R. (Michigan)

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Documents in the Clearinghouse

	Document
1:00-cv-10082	Docket [PACER]	May 12, 2005	May 12, 2005 Docket
17 1:00-cv-10082	District Court Opinion and Order [Entering Declaratory Judgment]	March 31, 2000	March 31, 2000 Order/Opinion
33 1:00-cv-10082	District Court Opinion and Order Granting Injunction and Denying Class Certification	June 30, 2000	June 30, 2000 Order/Opinion
00-01824 00-01845	Opinion of Sixth Circuit Panel [Reversing District Court] U. S. Court of Appeals for the Sixth Circuit	July 2, 2002	July 2, 2002 Order/Opinion
1:00-cv-10082	Plaintiffs' Petition for Sixth Circuit Rehearing En Banc U. S. Court of Appeals for the Sixth Circuit	July 10, 2002	July 10, 2002 Pleading / Motion / Brief
00-01824 00-01845	Order of Sixth Circuit Granting Rehearing En Banc U. S. Court of Appeals for the Sixth Circuit	Sept. 20, 2002	Sept. 20, 2002 Order/Opinion
00-01824 00-01845	Sixth Circuit En Banc Opinion Reversing Sixth Circuit Panel U. S. Court of Appeals for the Sixth Circuit	June 17, 2003	June 17, 2003 Order/Opinion
03-00407	[Untitled] Kowalski v. Tesmer Supreme Court of the United States	Jan. 20, 2004	Jan. 20, 2004 Order/Opinion
03-00407	Opinion of the US Supreme Court [Reversing Sixth Circuit] Kowalski v. Tesmer Supreme Court of the United States	Dec. 13, 2004	Dec. 13, 2004 Order/Opinion

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Resources

Title	Description		External URL Date / External URL
The Oyez Project, Kowalski v. Tesmer, 543 U.S. 125 (2004). Oyez Project	Information about the Supreme Court litigation in this case, including audio recordings of the oral argument and opinion announcement, and the briefs and the docket and written opinion.	Dec. 13, 2004	Dec. 13, 2004 http://www.oyez.org/...
Securing Reasonable Caseloads: Ethics and Law in Public Defense Norman Lefstein	Chapter 1: The Failure to Implement the Right to Counsel Due to Excessive Caseloads A. The Constitutional Right to Counsel: Brief Overview B. Excessive Workloads: A Pervasive National P…	Jan. 1, 2011	Jan. 1, 2011 http://www.americanbar.org/...
Justice Denied: America's Continuing Neglect of Our Constitutional Right to Counsel. National Right to Counsel Committee	[Edited, from the website:] [Notwithstanding the nominal right of indigent defendants to publicly provided counsel,] Today, in criminal and juvenile proceedings in state courts, somet…	April 14, 2009	April 14, 2009 http://www.constitutionproject.org/...

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Docket

Last updated July 11, 2023, 9:51 p.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT - Receipt # 395248 - Date Fee Received: 03/02/00 (bs) (Entered: 03/06/2000)	March 2, 2000	March 2, 2000
2	MOTION by plaintiffs for preliminary injunction with Exhibits, brief, notice of hearing with date to be set by the court and proof of mailing. (bs) (Entered: 03/06/2000)	March 2, 2000	March 2, 2000
3	SUMMONS returned executed by certified mail on 3/6/00 - answer due 3/26/00 for John F. Kowalski (bs) (Entered: 03/16/2000)	March 14, 2000	March 14, 2000
4	SUMMONS returned executed by certified mail on 3/6/00 - answer due 3/26/00 for William A. Crane (bs) (Entered: 03/16/2000)	March 14, 2000	March 14, 2000
5	SUMMONS returned executed by certified mail on 3/6/00 - answer due 3/26/00 for Lynda L. Heathscott (bs) (Entered: 03/16/2000)	March 14, 2000	March 14, 2000
6	MOTION by defendants to dismiss (bs) (Entered: 03/23/2000)	March 23, 2000	March 23, 2000
7	MEMORANDUM by defendants in support of motion to dismiss [6-1], with attachments. (bs) (Entered: 03/23/2000)	March 23, 2000	March 23, 2000
8	NOTICE by defendants of hearing on motion to dismiss by Lynda L. Heathscott, William A. Crane, John F. Kowalski, Jennifer M. Granholm [6-1] , date to be set by court (bs) (Entered: 03/23/2000)	March 23, 2000	March 23, 2000
9	PROOF of mailing by defendants copy of motion to dismiss, brief in support and notice of hearing. (bs) (Entered: 03/23/2000)	March 23, 2000	March 23, 2000
10	MEMORANDUM by defendant Jennifer M. Granholm in opposition to motion for preliminary injunction by Michael D. Vogler, Arthur M. Fitzgerald, Alois Schnell, Charles Carter, John Tesmer [2-1], with proof of mailing. (bs) (Entered: 03/27/2000)	March 27, 2000	March 27, 2000
11	LETTER by defendant Jennifer M. Granholm, with the Issues Presented and Controlling Authorities regarding 03/22/00 filing of defendant's Motion to Dismiss with brief in support. (bs) (Entered: 03/27/2000)	March 27, 2000	March 27, 2000
13	RESPONSE by plaintiff to motion to dismiss by Lynda L. Heathscott, William A. Crane, John F. Kowalski, Jennifer M. Granholm [6-1] with brief and attachments. (bs) (Entered: 03/29/2000)	March 27, 2000	March 27, 2000
12	APPEARANCE for Jennifer M. Granholm, John F. Kowalski, William A. Crane, Lynda L. Heathscott of attorney Thomas Wheeler (jl) (Entered: 03/28/2000)	March 28, 2000	March 28, 2000
14	REMARK: Supplemental Authority with Exhibit A filed by plaintiffs. (bs) (Entered: 03/30/2000)	March 28, 2000	March 28, 2000
15	ANSWER by defendants to remark [14-1] (Supplemental Authority), with proof of mailing. (bs) (Entered: 03/30/2000)	March 30, 2000	March 30, 2000
16	REPLY by defendants to response to motion to dismiss by Lynda L. Heathscott, William A. Crane, John F. Kowalski, Jennifer M. Granholm [6-1] with proof of mailing. (bs) (Entered: 03/30/2000)	March 30, 2000	March 30, 2000
18	MOTION by plaintiffs to certify class action with brief, attachment, notice of hearing with date to be set by the court and proof of mailing. (bs) (Entered: 04/05/2000)	March 30, 2000	March 30, 2000
	MOTION hearing held on motion for preliminary injunction by Michael D. Vogler, Arthur M. Fitzgerald, Alois Schnell, Charles Carter, John Tesmer [2-1] - disposition: Opinion to issue - Judge Victoria A. Roberts - Court Reporter: Shawn Quinn (cp) (Entered: 03/31/2000)	March 30, 2000	March 30, 2000
17	MEMORANDUM opinion and order by Judge Victoria A. Roberts granting in part and denying in part motion to dismiss by Lynda L. Heathscott, William A. Crane, John F. Kowalski, Jennifer M. Granholm [6-1], denying motion for preliminary injunction by Michael D. Vogler, Arthur M. Fitzgerald, Alois Schnell, Charles Carter, John Tesmer [2-1] and granting plaintiffs' request for declaratory judgment [EOD Date: 4/4/00] (bs) (Entered: 04/04/2000)	March 31, 2000	March 31, 2000
20	CERTIFIED copy of appeal notice by Lynda L. Heathscott, William A. Crane, John F. Kowalski [19-1] and docket transmitted to USCA (bs) (Entered: 04/10/2000)	April 10, 2000	April 10, 2000
21	NOTICE by the clerk regarding designation of record on appeal, mailed to counsel of record. (bs) (Entered: 04/10/2000)	April 10, 2000	April 10, 2000
22	PROOF of mailing notice of appeal by USDC to U.S. Court of appeals and counsel of record (bs) (Entered: 04/10/2000)	April 10, 2000	April 10, 2000
23	SUMMONS returned executed by certified mail on 3/24/00 - answer due 4/13/00 for Jennifer M. Granholm (jl) (Entered: 04/14/2000)	April 13, 2000	April 13, 2000
24	MOTION by defendant John F. Kowalski, defendant William A. Crane, defendant Lynda L. Heathscott to stay case with brief, attachments and proof of mailing (jl) (Entered: 04/14/2000)	April 14, 2000	April 14, 2000
25	TRANSCRIPT order form by defendants regarding appeal notice by Lynda L. Heathscott, William A. Crane, John F. Kowalski [19-1] requesting transcript(s) of: 03/30/00 (bs) (Entered: 04/24/2000)	April 24, 2000	April 24, 2000
26	DESIGNATION of record by defendant for appeal notice by Lynda L. Heathscott, William A. Crane, John F. Kowalski [19- 1] (bs) (Entered: 04/24/2000)	April 24, 2000	April 24, 2000
27	ACKNOWLEDGEMENT from USCA of receipt of appeal notice of appeal & docket [20-1] - appeal case # 00-1405 (jl) (Entered: 04/25/2000)	April 25, 2000	April 25, 2000
28	MEMORANDUM by plaintiffs in opposition to motion to stay case by Lynda L. Heathscott, William A. Crane, John F. Kowalski [24-1]; with attachments and proof of mailing. (bs) (Entered: 05/01/2000)	April 27, 2000	April 27, 2000
29	MOTION by plaintiff for injunction with brief, exhibits, notice of hearing and proof of mailing (jl) (Entered: 05/11/2000)	May 9, 2000	May 9, 2000
30	RESPONSE by defendant to motion for injunction by Michael D. Vogler, Arthur M. Fitzgerald, Alois Schnell, Charles Carter, John Tesmer [29-1] with attachment (jl) (Entered: 05/24/2000)	May 24, 2000	May 24, 2000
31	ORDER by Judge Victoria A. Roberts denying motion to stay case by Lynda L. Heathscott, William A. Crane, John F. Kowalski [24-1], setting hearing on motion for injunction by Michael D. Vogler, Arthur M. Fitzgerald, Alois Schnell, Charles Carter, John Tesmer [29-1] for 10:00 6/28/00 , and setting deadline for plaintiff's supplemental brief for 10:00 6/23/00 , setting deadline for defendant's supplemental brief for 10:00 6/26/00 Date 6/22/00] (jl) (Entered: 06/22/2000)	June 20, 2000	June 20, 2000
32	SUPPLEMENTAL brief by plaintiff motion for injunction by Michael D. Vogler, Arthur M. Fitzgerald, Alois Schnell, Charles Carter, John Tesmer [29-1], with attachment and proof. (bs) (Entered: 06/26/2000)	June 23, 2000	June 23, 2000
	MOTION hearing held on motion for injunction by Michael D. Vogler, Arthur M. Fitzgerald, Alois Schnell, Charles Carter, John Tesmer [29-1] - Judge Victoria A. Roberts - Court Reporter: Barbara Chatman (cp) (Entered: 08/02/2000)	June 28, 2000	June 28, 2000
33	MEMORANDUM opinion and order by Judge Victoria A. Roberts granting motion for injunction by Michael D. Vogler, Arthur M. Fitzgerald, Alois Schnell, Charles Carter, John Tesmer [29-1], denying motion to certify class action by Michael D. Vogler, Arthur M. Fitzgerald, Alois Schnell, Charles Carter, John Tesmer [18-1]; with proof of mailing. [EOD Date: 7/3/00] (bs) (Entered: 07/03/2000)	June 30, 2000	June 30, 2000
35	INTERLOCUTORY appeal by defendant Lynda L. Heathscott, defendant William A. Crane, defendant John F. Kowalski of order [33-1] to USCA FEE: paid Receipt # 200 402249 (bs) Modified on 11/29/2001 (Entered: 11/29/2001)	July 14, 2000	July 14, 2000
34	CERTIFIED copy of order from USCA denying motion to amend the notice of appeal, denying motion for stay pending appeal and granting motion to dismiss [0-0] - appeal case # 00- 1405 (bs) (Entered: 07/17/2000)	July 17, 2000	July 17, 2000
36	CERTIFIED copy of appeal notice by Lynda L. Heathscott, William A. Crane, John F. Kowalski [35-1] and docket transmitted to USCA (bs) (Entered: 07/17/2000)	July 17, 2000	July 17, 2000
37	NOTICE regarding designation of record on appeal (bs) (Entered: 07/17/2000)	July 17, 2000	July 17, 2000
38	PROOF of mailing notice of appeal to USCA and counsel of record (bs) (Entered: 07/17/2000)	July 17, 2000	July 17, 2000
39	INTERLOCUTORY appeal of order [33-1] by the Honorable Dennis C. Kolenda to USCA FEE: paid Receipt # 200 402379 (bs) (Entered: 11/29/2001)	July 18, 2000	July 18, 2000
40	CERTIFIED copy of appeal notice [39-1] and docket transmitted to USCA (bs) (Entered: 07/21/2000)	July 21, 2000	July 21, 2000
41	NOTICE RE: designation of record on appeal (bs) (Entered: 07/21/2000)	July 21, 2000	July 21, 2000
42	PROOF of mailing notice of appeal to USCA and counsel of record (bs) (Entered: 07/21/2000)	July 21, 2000	July 21, 2000
43	TRANSCRIPT order form by defendants regarding appeal notice [39-1] requesting transcript(s) of: June 28, 2000 (bs) (Entered: 07/27/2000)	July 27, 2000	July 27, 2000
44	DESIGNATION of record by defendants for appeal notice [39- 1] (bs) (Entered: 07/27/2000)	July 27, 2000	July 27, 2000
45	ACKNOWLEDGEMENT from USCA of receipt of appeal notice [39-1] Honorable Dennis C. Kolenda - appeal case # 00- 1845 (bs) (Entered: 08/03/2000)	Aug. 3, 2000	Aug. 3, 2000
46	TRANSCRIPT order form regarding appeal notice [39-1] requesting transcript(s) of: 03/30/00 -appeal case # 00-1845 (bs) (Entered: 08/21/2000)	Aug. 15, 2000	Aug. 15, 2000
47	TRANSCRIPT order form regarding appeal notice [39-1] requesting transcript(s) of: 06/28/00 -appeal case # 00-1845 (bs) (Entered: 08/21/2000)	Aug. 15, 2000	Aug. 15, 2000
48	ACKNOWLEDGEMENT from USCA of receipt of appeal notice by Lynda L. Heathscott, William A. Crane, John F. Kowalski [35-1] - appeal case # 00-1824 (bs) (Entered: 08/21/2000)	Aug. 21, 2000	Aug. 21, 2000
49	TRANSCRIPT taken on 06/30/00 of motion hearing (bs) (Entered: 08/29/2000)	Aug. 28, 2000	Aug. 28, 2000
50	MOTION by movant Dennis Erdman to intervene with affidavit and proof of mailing (jl) (Entered: 10/03/2000)	Sept. 29, 2000	Sept. 29, 2000
51	CERTIFIED copy of order from USCA granting motion for stay pending appeal [0-0] - appeal case # 00-1845 and the 06/30/00, injunction against Judge Kolenda is stayed (bs) (Entered: 11/06/2000)	Nov. 6, 2000	Nov. 6, 2000
52	MOTION by plaintiffs to certify class action with brief, attachments, notice of hearing and proof of mailing. (bs) (Entered: 12/06/2000)	Dec. 6, 2000	Dec. 6, 2000
53	MANDATE from USCA denying motion to amend, denying motion for stay of appeal and granting motion to dismiss [0-0] - appeal case # 00-1405 (bs) (Entered: 12/11/2000)	Dec. 11, 2000	Dec. 11, 2000
55	STIPULATION by defendants, plaintiffs, to supplement district court record [EOD Date: 1/31/01] (bs) (Entered: 01/31/2001)	Jan. 31, 2001	Jan. 31, 2001
56	TRANSCRIPT taken on 03/20/00 of preliminary injunction hearing (bs) (Entered: 01/31/2001)	Jan. 31, 2001	Jan. 31, 2001
57	NOTICE by plaintiffs counsel of change of address (bs) (Entered: 08/07/2001)	Aug. 3, 2001	Aug. 3, 2001
58	ORDER by Judge David M. Lawson staying motion to intervene by Dennis Erdman [50-1], staying motion to certify class action by John Tesmer, Charles Carter, Alois Schnell, Arthur M. Fitzgerald, Michael D. Vogler [52-1]; pending decision on the interlocutory appeals [EOD Date 11/28/01] (bs) (Entered: 11/28/2001)	Nov. 27, 2001	Nov. 27, 2001
59	SUPPLEMENTAL AFFIDAVIT by movant Dennis Erdman (bs) (Entered: 12/20/2001)	Dec. 20, 2001	Dec. 20, 2001
60	NOTICE by movant Dennis Erdman of change of address (bs) (Entered: 12/20/2001)	Dec. 20, 2001	Dec. 20, 2001
61	MOTION to intervene by Michael Berlanga with affidavit. (bs) (Entered: 03/28/2002)	March 28, 2002	March 28, 2002
62	ORDER by Judge David M. Lawson denying motion to intervene by Michael Berlanga [61-1], denying motion to certify class action by John Tesmer, Charles Carter, Alois Schnell, Arthur M. Fitzgerald, Michael D. Vogler [52-1] [EOD Date 4/4/02] (bs) (Entered: 04/04/2002)	April 4, 2002	April 4, 2002
63	SLIP opinion from USCA remanding the case for to have judgment entered in favor of the defendants, injunction issued by the court is dissolved and the declaratory judgment is vacated - appeal case # 00-1824, 00-1845 (bs) (Entered: 07/08/2002)	July 8, 2002	July 8, 2002
64	ORDER by Judge David M. Lawson, for plaintiffs to show cause in writing on or before 04/07/03, why judgment should not be entered in favor of the defendants [EOD Date 3/27/03] (bs) (Entered: 03/27/2003)	March 27, 2003	March 27, 2003
65	ORDER by Judge David M. Lawson dismissing order for plaintiffs to show cause in writing on or before 04/07/03, why judgment should not be entered in favor of the defendants [64- 1], dismissing order [64-2] [EOD Date 4/14/03] (bs) (Entered: 04/14/2003)	April 14, 2003	April 14, 2003
66	SLIP opinion from USCA affirming in part and reversing in part the decision of the District Court - appeal case # 00-1824/1845 (bs) (Entered: 06/20/2003)	June 20, 2003	June 20, 2003
67	NON-CERTIFIED copy of order from USCA affirming the decision of the District Court in part and reversed in part - appeal case # 00-1824,00-1845 (cg) (Entered: 06/24/2003)	June 24, 2003	June 24, 2003
68	MANDATE from USCA affirming the decision of the District Court in part and reversed in part - appeal case # 00-1824 (bs) (Entered: 07/14/2003)	July 14, 2003	July 14, 2003
69	MANDATE from USCA affirming the decision of the District Court in part and reversed in part - appeal case # 00-1845 (bs) (Entered: 07/14/2003)	July 14, 2003	July 14, 2003
70	NOTICE of setting civil status conference for 3:30 10/2/03 (bs) (Entered: 09/15/2003)	Sept. 12, 2003	Sept. 12, 2003
71	COPY of notice setting civil status conference for 3:30 10/2/03 [70-1] and returned as undeliverable as to Mark Granzotto, Esquire. Remailed 09/22/03 (bs) (Entered: 09/22/2003)	Sept. 22, 2003	Sept. 22, 2003
72	SUBSTITUTION for defendant Lynda L. Heathscott, defendant William A. Crane, defendant John F. Kowalski of attorney Margaret A. Nelson in place of attorney Thomas R. Wheeker for John F. Kowalski, attorney Thomas R. Wheeker for William A. Crane, attorney Thomas R. Wheeker for Lynda L. Heathscott (cg) (Entered: 09/26/2003)	Sept. 26, 2003	Sept. 26, 2003
73	[STRICKEN PER ORDER 10/02/03]MOTION by defendant Lynda L. Heathscott, defendant William A. Crane, defendant John F. Kowalski to stay case during their appeal to the U.S. Supreme Court with attachment and notice of hearing (cg) Modified on 10/03/2003 (Entered: 09/26/2003)	Sept. 26, 2003	Sept. 26, 2003
74	PROOF of service by defendant Lynda L. Heathscott, defendant William A. Crane, defendant John F. Kowalski of [73-1], [72-1] (cg) (Entered: 09/26/2003)	Sept. 26, 2003	Sept. 26, 2003
75	NOTICE from the US Supreme Court that a petition for writ of certiorari was filed and placed on the docket on 9/16/03 as No. 03-407. (bs) (Entered: 09/30/2003)	Sept. 30, 2003	Sept. 30, 2003
76	ORDER by Judge David M. Lawson striking motion to stay case during their appeal to the U.S. Supreme Court by John F. Kowalski, William A. Crane, Lynda L. Heathscott [73-1] [EOD Date 10/3/03] (bs) (Entered: 10/03/2003)	Oct. 2, 2003	Oct. 2, 2003
	STATUS conference held - Judge David M. Lawson (tj) (Entered: 10/02/2003)	Oct. 2, 2003	Oct. 2, 2003
77	(STRICKEN PER ORDER 10/06/03) MOTION to withdraw by Jeanice Dagher-Margosian as attorney for Charles Carter with proof of service. (bs) Modified on 10/07/2003 (Entered: 10/03/2003)	Oct. 3, 2003	Oct. 3, 2003
78	ORDER by Judge David M. Lawson striking motion to withdraw by Jeanice Dagher-Margosian as attorney for Charles Carter by Jeanice Dagher-Margosian [77-1] [EOD Date 10/7/03] (bs) (Entered: 10/07/2003)	Oct. 6, 2003	Oct. 6, 2003
79	ORDER PURSUANT TO STATUS AND SCHEDULING CONFERENCE by Judge David M. Lawson, setting deadline for filing renewed motion for class certification 10/23/03 , setting deadline for response to class certification for 11/26/03 [EOD Date 10/15/03] (bs) (Entered: 10/15/2003)	Oct. 15, 2003	Oct. 15, 2003
80	REMEWED MOTION by plaintiffs to certify class action brief and proof. (bs) (Entered: 10/27/2003)	Oct. 23, 2003	Oct. 23, 2003
81	NOTICE by plaintiffs of hearing on renewed motion to certify class action by John Tesmer, Charles Carter, Alois Schnell, M. Fitzgerald, Michael D. Vogler [80-1] , date to be set by court (bs) (Entered: 10/27/2003)	Oct. 23, 2003	Oct. 23, 2003
82	RESPONSE by defendants to motion to certify class action by John Tesmer, Charles Carter, Alois Schnell, Arthur M. Fitzgerald, Michael D. Vogler [80-1] with brief and proof. (bs) (Entered: 12/03/2003)	Nov. 26, 2003	Nov. 26, 2003
83	NOTICE of setting hearing on motion to certify class action by John Tesmer, Charles Carter, Alois Schnell, Arthur M. Fitzgerald, Michael D. Vogler [80-1] for 2:30 3/17/04 (bs) (Entered: 12/16/2003)	Dec. 15, 2003	Dec. 15, 2003
84	Letter from Clerk, U.S. Supreme Court advising that the petition for writ of certiorari has been granted (JLam, ) (Entered: 01/29/2004)	Jan. 26, 2004	Jan. 26, 2004
85	ORDER dismissing 80 Motion to Certify Class and cancelling hearing. Signed by Judge David M Lawson. (JLam, ) (Entered: 02/05/2004)	Feb. 5, 2004	Feb. 5, 2004
	Remark : Notification from USCA advising clerk's office to forward record to the Supreme Court. (BSoc, ) (Entered: 07/28/2004)	July 27, 2004	July 27, 2004
87	ACKNOWLEDGEMENT from U.S. Supreme Court of 86 Letter. (JLam, ) (Entered: 08/12/2004)	Aug. 12, 2004	Aug. 12, 2004
88	Letter from the Supreme Court, with attached opinion, No. 03- 407. (BSoc, ) (Entered: 12/21/2004)	Dec. 21, 2004	Dec. 21, 2004
89	LETTER from USCA re [19] Notice of Appeal filed by William A. Crane,, John F. Kowalski,, Lynda L. Heathscott, - with attached copy of Supreme Court Judgment filed 01/24/05 [Appeal Case Number 00-1824/25] (BSoc, ) (Entered: 02/15/2005)	Feb. 15, 2005	Feb. 15, 2005
90	(Certified) ORDER from USCA re [35] Notice of Interlocutory Appeal filed by William A. Crane,, John F. Kowalski,, Lynda L. Heathscott,, [39] Notice of Interlocutory Appeal Reverse and Remand [Appeal Case Number 00-1824/1845] (BSoc, ) (Entered: 03/01/2005)	March 1, 2005	March 1, 2005
91	Letter from Supreme Court. (BSoc, ) (Entered: 03/18/2005)	March 16, 2005	March 16, 2005
92	ORDER of Dismissal pursuant to 90 Order from the Sixth Circuit Court of Appeals. Signed by Honorable David M Lawson. (TJac, ) (Entered: 04/22/2005)	April 21, 2005	April 21, 2005
93	Mail Returned as Undeliverable. Mail sent to Michael Berlanga re 92 Order (BSoc, ) (Entered: 05/13/2005)	May 12, 2005	May 12, 2005

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Case Details

State / Territory: Michigan

Case Type(s):

Indigent Defense

Key Dates

Filing Date: March 2, 2000

Closing Date: 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Prison inmates claiming alleging violation of their rights to dueprocess and equal protection and violation in denying indigents the appointment of counsel to prepare original appeals from their plea-based convictions

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Michigan, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):