halbert michigan argued april decided june douglas california held criminal proceedings state must provide counsel indigent defendant first appeal right two considerations key appeal right yields adjudication merits review differs subsequent appellate stages claims presented lawyer passed upon appellate later ross moffitt held state need appoint counsel aid poor person seeking pursue discretionary appeal state highest thereafter certiorari review douglas rationale extend discretionary review explained stage error correction reviewing prime function principal criteria state high review ross noted include whether issues presented significant public interest whether cause involves legal principles major significance state jurisprudence whether decision probable conflict high precedent ibid defendant received counsel aid appeal right armed transcript record trial proceedings brief appeals setting forth claims often opinion disposing case ibid michigan appellate system state hears appeals leave intermediate appeals adjudicates appeals right criminal convictions except defendant convicted guilty nolo contendere plea seeks intermediate appellate review must apply leave appeal michigan law indigent defendants convicted plea must proceed pro se seeking leave appeal intermediate people bulger michigan held fourteenth amendment equal protection due process clauses secure right appointed counsel defendants seeking review intermediate appellate reasons review discretionary plea proceedings shorter simpler routine trials defendant entering plea accedes state fundamental interest finality petitioner halbert pleaded nolo contendere two counts criminal sexual conduct halbert plea colloquy trial advised instances must may appoint appellate counsel failed tell appoint counsel circumstances including halbert case day sentence imposed halbert moved withdraw plea denying motion trial stated halbert proper remedy appeal state appeals twice thereafter halbert asked trial appoint counsel help prepare application leave appeal intermediate stating sentence misscored needed counsel preserve issue undertaking appeal learning disabilities mentally impaired obliged rely fellow inmates preparing pro se filings denied halbert motion citing bulger halbert filed pro se application leave appeal asserting sentencing error ineffective assistance counsel seeking inter alia remand appointment appellate counsel appeals denied leave lack merit grounds presented michigan declined review held due process equal protection clauses require appointment counsel defendants convicted pleas seek access review michigan appeals pp two aspects michigan appeals process following convictions compel conclusion douglas ross controls first ruling application leave appeal looks merits appellant claims second indigent defendants pursuing review appeals generally ill equipped represent defendant pleads guilty nolo contendere michigan although relinquishes access appeal right entitled apply leave appeal entitlement officially conveyed critical importance intermediate appellate unlike michigan sits instance rule provides intermediate may respond leave application number ways may grant deny application enter final decision grant relief request additional material record require certified concise statement proceedings facts lower response leave application alternatives including denial leave necessarily entails evaluation merits applicant claims pp rejects michigan argument ross dispositive review intermediate appellate following conviction discretionary given necessity filing application leave appeal ross recognized determinations state highest turn considerations lower commission error involvement matter significant public interest michigan like highest courts sits correct errors individual cases decide matters larger public import contrast intermediate instance guided responding leave appeal applications merits particular defendant claims general importance questions presented pp whether formally categorized decision appeal disposal leave application intermediate appellate ruling defendant claims provides first likely direct review defendant conviction sentence receive parties like halbert however disarmed endeavor gain review ross emphasized defendant seeking state review following appeal right earlier assistance appellate counsel reviewed trial record researched legal issues prepared brief reflecting review research ibid defendant may also armed opinion intermediate appellate addressing issues counsel raised without guides keyed review pro se applicant entitlement seek leave appeal michigan intermediate may formal real cf swenson bosler per curiam persons halbert situation many little education learning disabilities mental impairments particularly handicapped see kowalski tesmer ginsburg dissenting appeals defendants convicted pleas may less complex appeals michigan complex procedures seeking leave appeal sentencing plea moreover may intimidate uncounseled see state legitimate interest reducing judiciary workload providing indigents appellate counsel yield applications easier comprehend michigan appeals still recourse summary denials leave applications cases warranting review defendant case presents genuinely arguable issue appointed counsel may inform pp disagrees michigan contention even halbert constitutionally guaranteed right appointed counsel appellate review waived right entering nolo contendere plea time entered plea halbert recognized right appointed appellate counsel elect forgo moreover trial tell halbert simply directly case access appointed counsel cf iowa tovar pp vacated remanded ginsburg delivered opinion stevens kennedy souter breyer joined thomas filed dissenting opinion scalia joined rehnquist joined part antonio dwayne halbert petitioner michigan writ certiorari appeals michigan june justice ginsburg delivered opinion michigan voters approved proposal amending state constitution provide appeal accused pleads guilty nolo contendere shall leave mich art thereafter several michigan state judges began deny appointed appellate counsel indigents convicted plea kowalski tesmer slip rejecting challenges based equal protection due process clauses fourteenth amendment federal constitution michigan upheld practice codification comp laws ann west people harris people bulger petitioner antonio dwayne halbert convicted plea nolo contendere sought appointment counsel assist applying leave appeal michigan appeals state trial appeals denied halbert requests appointed counsel michigan declined review michigan appeals review application leave appeal halbert contends ranks appellate proceeding requiring appointment counsel douglas california michigan urges appeal state appeals discretionary appeal order ross moffitt holds counsel need appointed earlier term kowalski tesmer prudential reasons declined reach classification question posed michigan system appellate review following plea guilty guilty mentally ill nolo contendere today reach classification question conclude halbert case properly ranked douglas rather ross accordingly hold due process equal protection clauses require appointment counsel defendants convicted pleas seek access review michigan appeals federal constitution imposes obligation provide appellate review criminal convictions mckane durston provided avenue however state may bolt door equal justice indigent defendants griffin illinois frankfurter concurring judgment see hen state deems wise convictions susceptible review appellate force exactions draw line precludes convicted indigent persons securing griffin held state conditions appeal conviction provision trial transcript state must furnish free transcripts indigent defendants seek appeal plurality opinion douglas relied griffin reasoning hold first appeals right must appoint counsel represent indigent defendants ross held however state need appoint counsel aid poor person discretionary appeals state highest petitioning review cases appeal barriers encountered persons unable pay way observed resolved resort easy slogans pigeonhole analysis internal quotation marks omitted decisions point reflect equal protection due process concerns ibid equal protection concern relates legitimacy fencing appellants based solely inability pay core costs due process concern homes essential fairness proceedings ibid see also evitts lucey two considerations key decision douglas state required appoint counsel indigent defendant appeal right first appeal entails adjudication merits second review differs subsequent appellate stages claims presented appellate counsel passed upon appellate california system issue douglas appellate independently examined record determine whether appoint counsel defendant able retain counsel pursued appeal douglas observed appellate passe merits case full benefit written briefs oral argument counsel contrast poor person appealed appellate wa forced prejudge merits case ould even determine whether counsel provided ibid ross explained rationale douglas extend appointment counsel indigent seeking pursue discretionary appeal north carolina thereafter certiorari review north carolina common perceived sit instance principal criteria state high review noted included whether subject matter appeal significant public interest whether cause involves legal principles major significance jurisprudence state whether decision probable conflict precedent ibid internal quotation marks omitted pointed defendant already benefited counsel aid appeal right least transcript record trial proceedings brief behalf appeals setting forth claims error many cases opinion appeals disposing case ibid ii michigan appellate system comprising state intermediate appeals michigan hears appeals leave comp laws ann west supp prior appeals adjudicated appeals right criminal convictions bulger reduce workload appeals amendment michigan constitution changed process appeals following convictions amended state constitution provides every criminal prosecution accused shall right appeal matter right except provided law appeal accused pleads guilty nolo contendere shall leave mich art defendant convicted plea seeks review michigan appeals must file application leave appeal pursuant rule response appeals may among things grant deny application enter final decision grant relief rule grants leave case proceeds appeal right rule parties agree appeals orders denying properly filed applications leave uniformly cites lack merit grounds presented basis decision see tr oral arg michigan law indigent defendants convicted plea must proceed pro se seeking leave appeal comp laws ann west provides relevant part defendant pleads guilty guilty mentally ill nolo contendere shall appellate counsel appointed review defendant conviction sentence except trial shall appoint appellate counsel indigent defendant prosecuting attorney seeks leave appeal defendant sentence exceeds upper limit minimum sentence range applicable sentencing guidelines appeals grants defendant application leave appeal defendant seeks leave appeal conditional plea trial may appoint appellate counsel defendant seeks leave appeal sentence based upon alleged improper scoring offense variable prior record variable defendant objected scoring otherwise preserved matter appeal sentence imposed constitutes upward departure upper limit minimum sentence range defendant alleges scored people bulger michigan considered whether federal constitution secures right appointed counsel defendants seeking review appeals recognizing douglas ross guiding decisions state concluded appointment counsel required several reasons appeals review following convictions leave thus discretionary lea proceedings shorter simpler routine trials entering plea defendant accede state fundamental interest finality ibid people harris michigan adhering bulger upheld constitutionality petitioner halbert pleaded nolo contendere two counts criminal sexual conduct app halbert plea colloquy trial asked halbert understand accept plea giving waiving claim appeal right halbert answered yes sir advised halbert certain instances although appeal right nevertheless must may appoint appellate counsel tell halbert however appoint counsel circumstances including halbert case understand accept plea financially unable retain lawyer represent appeal must appoint attorney sentence impose exceeds sentencing guidelines seek leave appeal conditional plea prosecutor seeks leave appeal appeals grants leave appeal conditions must appoint attorney understand defendant yes sir financially unable retain lawyer represent appeal may appoint attorney allege improper scoring sentencing guidelines object scoring time sentencing sentence impose exceeds sentencing guidelines allege scored conditions may appoint attorney understand defendant yes sir alteration omitted halbert sentencing hearing defense counsel requested sentences two counts run concurrently urged error determination halbert exposure michigan sentencing guidelines trial set halbert sentences run consecutively halbert submitted handwritten motion withdraw plea day sentencing denying motion trial stated halbert proper remedy appeal michigan appeals twice thereafter avail halbert asked trial appoint counsel help prepare application leave appeal intermediate appellate submitted initial request form provided state trial denied request halbert next sent trial letter accompanying motion seeking appointed counsel halbert stated sentence misscored needed aid counsel preserve issue undertaking appeal halbert also related required special education due learning disabilities mentally impaired prepare pro se filings noted obliged rely assistance fellow inmates trial denied halbert motion citing bulger stated halbert constitutional right appointment appellate counsel pursue discretionary appeal app using form supplied state acting pro se halbert filed application leave appeal asserted claims sentencing error ineffective assistance counsel sought inter alia remand appointment appellate counsel resentencing standard form order appeals denied halbert application lack merit grounds presented state dividing denied halbert application leave appeal dissenting justices provided appointment counsel allowed counsel file supplemental leave application prior appeals reconsideration halbert pleas granted certiorari consider whether denial appointed counsel halbert violated fourteenth amendment vacate judgment michigan appeals iii petitioner halbert case framed two prior decisions concerning appellate counsel douglas ross question us essentially one classification decisions instant case aligned hold douglas provides controlling instruction two aspects michigan appeals process following convictions lead us conclusion first determining dispose application leave appeal michigan intermediate appellate looks merits claims made application second indigent defendants pursuing review appeals generally ill equipped represent defendant pleads guilty nolo contendere michigan thereby forfeit opportunity appellate review although relinquishes access appeal right entitled apply leave appeal entitlement officially conveyed see supra rule defendant entitled file application leave appeal see also advice concerning right appeal supra entitled file application leave appeal critical importance tribunal addresses application michigan appeals unlike michigan sits appeals may respond leave application number ways may grant deny application enter final decision grant relief request additional material record require certified concise statement proceedings facts whose order appealed rule denies leave using stock phrase lack merit grounds presented disposition may equivalent final decision merits disposition may simply signal found matters asserted unworthy expenditure judicial resources response leave application specified alternatives including denial leave necessarily entails evaluation merits applicant claims michigan urges review appeals following conviction discretionary review michigan require application leave appeal see bulger brief respondent therefore michigan maintains ross dispositive case ross however recognized determinations north carolina turned considerations commission error lower involvement matter significant public interest see supra michigan sits correct errors individual cases decide matters larger public import see rule criteria granting leave appeal michigan include whether case presents issue significant public interest involves legal principles major significance state jurisprudence great lakes realty peters equating denial application leave appeal michigan denial petition writ certiorari see also rule considerations guiding decision whether grant certiorari contrast michigan appeals instance guided responding leave appeal applications merits particular defendant claims general importance questions presented whether formally categorized decision appeal disposal leave application appeals ruling defendant claims provides first likely direct review defendant conviction sentence receive parties like halbert however disarmed endeavor gain review ross emphasized defendant seeking state review following appeal right earlier assistance appellate counsel attorney appointed serve intermediate appellate level reviewed trial record researched legal issues prepared brief reflecting review research defendant seeking review may also armed opinion intermediate appellate addressing issues counsel raised review applicant forced act pro se face record unreviewed appellate counsel equipped attorney brief prepared reasoned opinion review bulger concluded pro se defendant seeking discretionary review appeals adequately armed benefit transcript trial counsel framing issues motion withdraw trial ruling motion see also rule trial counsel must file postconviction motions lawyer deems appropriate including motions withdraw plea resentencing post thomas dissenting held swenson bosler per curiam comparable materials prepared trial counsel substitute appellate lawyer aid missouri reviewing indigent appeal transcript plus trial counsel notice appeal motion new trial specifically designated issues considered direct appeal absence counsel circumstances bosler held violated defendant fourteenth amendment rights defined douglas ibid adhering douglas explained assistance appellate counsel preparing submitting brief appellate defines legal principles upon claims error based designates interprets relevant portions record may well substantial benefit defendant may denied solely indigency although bosler involved rather appeal recognized transcript motion trial counsel adequate appellate lawyer review record legal research without guides keyed review pro se applicant entitlement seek leave appeal michigan intermediate may formal real persons halbert situation particularly handicapped recounted earlier term pproximately indigent defendants represented appointed counsel plead guilty convicted incarcerated kowalski slip ginsburg dissenting percent state prison populatio complete high school many lack basic literacy skills slip citation omitted even ten inmates fall lowest two five levels literacy marked inability basic tasks write brief letter explain error credit card bill use bus schedule state writing argument made lengthy newspaper article ibid many halbert among learning disabilities mental impairments see dept justice bureau justice statistics beck maruschak mental health treatment state prisons pp july http identifying mentally ill state prisoners noting receive psychotropic medication navigating appellate process without lawyer assistance perilous endeavor layperson well beyond competence individuals like halbert little education learning disabilities mental impairments see evitts even intelligent educated layman small sometimes skill science law quoting powell alabama appeals defendants convicted pleas may involve myriad often complicated substantive issues kowalski slip ginsburg dissenting may less complex appeals slip one pleads guilty nolo contendere may still raise appeal constitutional defects irrelevant factual guilt double jeopardy claims requiring factual record jurisdictional defects challenges sufficiency evidence preliminary examination preserved entrapment claims mental competency claims factual basis claims claims state right proceed first place including claims defendant charged inapplicable statute claims ineffective assistance counsel ibid quoting bulger cavanagh dissenting citations omitted michigan procedures seeking leave appeal sentencing plea moreover may intimidate uncounseled see kowalski slip ginsburg dissenting rule requires applicant file leave appeal within days trial entry judgment defendant must submit five copies application date nature judgment order appealed concisely reciting appellant allegations error relief sought setting forth concise argument support appellant position issue kowalski slip ginsburg dissenting quoting rule michigan provide form application accompanied two pages instructions defendants seeking leave appeal sentencing plea th form unlikely provide adequate aid indigent poorly educated defendant ibid directs defendant provide information charge code mcl code state issues facts relevant appeal law supports position explain law applies facts case ibid internal quotation marks omitted quoting application leave appeal sentencing plea guilty nolo contendere rev http last task onerous applicant familiar law school examinations tall order defendant marginal literacy kowalski slip ginsburg dissenting state legitimate interest reducing workload judiciary providing indigents appellate counsel yield applications easier michigan appeals still recourse summary denials leave applications cases warranting review defendant case presents genuinely arguable issue appointed counsel may inform see anders california counsel finds case wholly frivolous conscientious examination advise request permission withdraw filing brief referring anything record might arguably support appeal tr oral arg significant percentage cases reviewing case appellate counsel concludes merit point either motion withdraw may filed michigan equivalen anders michigan contends even halbert constitutionally guaranteed right appointed counsel appellate review waived right entering plea nolo contendere disagree time entered plea halbert common defendants convicted pleas recognized right appointed appellate counsel elect moreover earlier observed trial tell halbert simply directly case access appointed counsel see supra cf iowa tovar waiver right counsel constitutional rights criminal process generally must intelligent ac done sufficient awareness relevant circumstances quoting brady reasons stated vacate judgment michigan appeals remand case proceedings inconsistent opinion ordered antonio dwayne halbert petitioner michigan writ certiorari appeals michigan june justice thomas justice scalia joins chief justice joins part dissenting petitioner antonio halbert pleaded contest charges sexually assaulted stepdaughter another young girl michigan law provide halbert defendant convicted plea guilty contest appointed attorney help prepare application leave appeal michigan appeals holds michigan law unconstitutional applied halbert fails however ground analysis particular provision constitution precedents also ignores even right counsel circumstances issue right waivable validly waived respectfully dissent understand holding unwarranted extension precedents necessary first understand limits michigan places provision counsel defendants plead guilty contest michigan afforded criminal defendants right appeal convictions michigan appeals early however michigan appeals backlog thousands cases awaiting decision nearly third appeals defendants pleaded guilty contest people bulger reduce backlog michigan voters amended michigan constitution provide every criminal prosecution accused shall appeal matter right except appeal accused pleads guilty nolo contendere shall leave mich art bulger supra constitutional amendment created system michigan defendants michigan appeals must hear appeals dispute guilt may elect hear appeals concede contest guilt substantive crime michigan legislature enacted statute issue provides general defendant pleads guilty guilty mentally ill nolo contendere shall appellate counsel appointed review defendant conviction sentence comp laws ann west defendants plead guilty contest however invariably lose right counsel appeal statute contains exceptions general rule trial must appoint appellate counsel defendants state seeks leave appeal defendant sentence exceeds upper limit applicable minimum guidelines range defendant seeks leave appeal conditional plea trial may appoint appellate counsel defendants seek leave appeal certain sentencing errors finally appeals grants leave appeal case proceeds appeal right rule defendant entitled appointed counsel comp laws ann thus defendants lack appellate counsel certain types cases seeking leave appeal ii majority nevertheless holds michigan system constitutionally inadequate finds indigent defendants right appellate counsel seeking leave appeal majority say constitution right located due process clause equal protection clause purported confluence two ante majority attempt anchor holding history clauses thomas dissenting majority even attempt ground holding entirety jurisprudence require paid appellate assistance indigent criminal defendants majority ignores bulk jurisprudence leaves arguments unanswered instead majority pins hopes single case douglas california douglas however support extending right counsel form discretionary review ross moffitt later cases make clear moreover michigan engaged sort invidious discrimination indigent defendants douglas condemns michigan done recognize undeniable difference defendants plead guilty maintain innocence attempt divert resources largely frivolous appeals meritorious ones majority substitutes policy preference michigan voters based untenable reading douglas douglas california granted initial appeal right convicted criminal defendants however california district appeal appointed counsel indigent defendants determining whether counsel useful defendant ibid thus california appellate forced prejudge merits indigent defendants appeals judged merits defendants appeals briefing oral argument ibid previous cases considered conditions like transcript filing fees prevented indigent criminal defendants obtaining appellate review ross supra discussing griffin illinois progeny contrast douglas california provided appellate review criminal defendants provide state subsidy indigent defendants whose claims appeared unlikely benefit counsel assistance nevertheless held provide first appeal right must supply indigent defendants counsel ross supra ross however declined extend douglas right counsel beyond initial appeals right need appoint counsel indigent defendants seek discretionary review state highest ross supra michigan system bears similarity state systems issue douglas ross like defendant douglas halbert requests appointed counsel initial appeal intermediate appellate like defendant ross halbert requests appointed counsel appeal discretionary right crucially however douglas noted decision extended initial appeals right later cases repeatedly reaffirmed never required appoint counsel discretionary review ross supra murray giarratano see also pennsylvania finley appeal permitted leave mich art discretionary michigan recognized bulger cavanagh dissenting neither douglas decision warrants extending right counsel discretionary review even defendant initial appeal important rationale douglas support extending right counsel particular form discretionary review admittedly precise rationale line cases never made explicit ross supra cases however common theme may impose financial barriers preclude indigent defendants securing appellate review altogether griffin smith bennett may create among defendants supra quoting rinaldi yeager douglas supra griffin supra frankfurter concurring judgment arbitrarily cut appeal rights indigents leaving open avenues appeals affluent persons ross far arbitrary unreasoned distinction michigan differentiation defendants convicted trial defendants convicted plea sensible first perhaps foremost danger wrongful convictions less significant douglas douglas california preliminarily denied counsel indigent defendants regardless whether maintained innocence trial conceded guilt plea michigan preliminarily denies paid counsel indigent defendants admit contest guilt defendant pleads guilty may thereafter raise independent claims relating deprivation constitutional rights occurred prior entry guilty plea tollett henderson potential issues raised appeal limited bulger michigan explained lea proceedings also shorter simpler routine trials record often consists basis plea provided trial contrast trials less danger exists plea cases record unclear errors hidden defendant appeal reduced meaningless ritual defendant pleads open less need counsel develop record refine claims present appellate easoned defendants convicted trial convicted plea quoting rinaldi supra brief history michigan system confirms michigan voters amended state constitution establish current system roughly civil criminal appeals per year clogged michigan appeals docket nearly third appeals criminal defendants pleaded guilty contest even though time defendants appointed paid appellate counsel defendants granted relief appeal simply put michigan bar bench devoting substantial portion scarce resources thousands cases little practical effect reallocating resources invidious discrimination criminal defendants indigent otherwise douglas internal quotation omitted attempt ensure frivolous appeals subsidized public moneys needlessly spent griffin supra frankfurter concurring judgment today decision therefore favors indigent defendants michigan least indigent defendants nonfrivolous claims defendants admit guilt receive attention defendants maintain innocence receive less even defendants plead guilty feel pinch defendants entitled counsel preparing leave applications example appeal conditional pleas comp laws ann sentences exceed applicable guidelines ranges defendant granted leave appeal entitled appointed counsel holding michigan resources constant since control state bar budget majority policy choice redistribute state limited resources harms likely worthwhile claims say nothing cost enabling courts prosecutors respond minor cases alabama shelton scalia dissenting cf rompilla beard ante kennedy dissenting michigan constitutional obligation provide appeals defendants ante citing mckane durston michigan may decline provide appellate process altogether since ruling increases cost system appellate review surely defendants prefer appeals limited access counsel appeals majority attempt demonstrate michigan system sort unreasoned discrimination indigent defendants douglas prohibits instead majority says case earmarked two considerations also key decision douglas first defendant seeks leave appeal michigan appeals adjudicates leave application reference merits ante second defendant seeks leave appeal generally ill equipped represent ibid neither arguments correct majority reasons adjudicating application leave appeal michigan appeals guided merits particular defendant claims ante distinction douglas drew however appellate systems involve evaluation merits applicant claims ante instead discretionary mandatory review supra course california intermediate courts douglas evaluated cases merits courts hearing appeals right michigan appeals probably consider merits applicant claims exercising discretion courts discretionary review including instance unlikely grant case announce rule alter case disposition correct error affected proceedings often considers whether errors worth correcting plenary summary dispositions none converts discretionary review mandatory review likewise michigan appeals required hear particular cases correct particular errors may elect hear cases finds trial disposition questionable dubious may elect hear cases finds trial disposition important interesting know may probably consider regardless appeals decision grant review remains discretionary depend whether correct adjudication guilt every individual case ross like courts discretionary review appeals may opt correct errors ante compelled majority appears dispute review michigan appeals truly discretionary ante provides support speculation unlike california district appeal douglas michigan appeals discretion deciding whether grant leave applications see bulger describing issue whether defendant entitled federal constitution appointed counsel first discretionary appeal conviction emphasis original cavanagh dissenting nothing rules statute precludes appeals denying leave even though may believe trial decision incorrect far tell michigan appeals decision grant deny leave application constrained state constitutional provision statute rule michigan appeals may deny leave reason reason majority holding suggests michigan system pass constitutional muster appeals recited lack importance grounds presented ground denying leave ante decisional criteria set forth statute judicial decision rule ibid yet relevant inquiry douglas ross whether appeals obliged review case whether appeals must offer particular ground declining review majority also asserts without counsel defendants seek leave appeal generally ill equipped represent ante overgeneralizes douglas rationale douglas concerned barren record follow defendant appeal record unclear errors hidden appellate difficulty detecting errors without assistance counsel part ross extend right counsel discretionary review north carolina defendant applying leave transcript record trial proceedings brief behalf appeals setting forth claims error many cases opinion appeals disposing case ross coupled whatever defendant might submit materials provided state adequate basis decision grant deny review ibid majority argue indigent defendants file leave applications barren record douglas supra michigan appeals lacks adequate basis reviewing leave applications ross supra michigan put best michigan rules require trial counsel assist defendant organizing presenting trial potential appellate issues warrant preservation accordingly pro se defendant seeking discretionary review benefit transcript trial counsel framing issues motion withdraw trial ruling motion bulger supra see also rule ross materials aid defendant michigan appeals identifying claims appropriate plenary consideration defendant face record unreviewed counsel lack reasoned treatment claims plea proceedings tend transparent trials supra less danger exists plea cases record unclear errors hidden bulger supra michigan appeals unable identify issues deserve examination appeal michigan appeals need know enough decide whether grant review elect michigan law requires appointment counsel aid appeal comp laws ann majority unwillingness confront distinctions michigan system california system issue douglas made clear reliance swenson bosler per curiam swenson considered whether indigent defendants convicted trial right appointed counsel initial appeal right even state provides indigent defendants trial transcript motion new trial prepared trial counsel douglas already answered question summarily declared appointed counsel may denied criminal defendant solely indigency appeal state affords matter right emphasis added course michigan entire argument easoned distinction defendants convicted following trials pleas appeals right discretionary review citation omitted brief respondent brief per curiam opinion swenson consider much less address arguments lacking support cases majority effects shift whether record adequate enable discretionary review whether defendants generally able aviga te appellate process without lawyer assistance ante rationale lacks stopping point pro se defendants may difficulty navigating discretionary direct appeals collateral proceedings never extended right counsel beyond first appeals right supra majority demonstrate pro se defendants difficulty filing leave applications michigan courts say filing petitions certiorari fact receives thousands pro se petitions every year list date nature judgment order appealed rule reci te appellant allegations error relief sought ibid se forth concise argument support appellant position issue ibid see rule setting forth analogous requirements petitions writs certiorari michigan actually provides form application accompanied two pages instructions defendants seeking leave appeal sentencing plea counsels defendants state issues facts relevant appeal state law supports position explain law applies facts case ante internal quotation marks omitted majority gives clue michigan make procedures seeking leave appeal less intimidating uncounseled ibid regardless michigan procedures sufficient enable discretionary review majority attempts soften blow saying state favor providing indigents appellate counsel yield applications easier comprehend ante even assuming majority paternalism accurate evidence michigan courts currently difficulty adjudicating leave applications least majority leaves unexplained michigan courts greater difficulty state federal courts considering discretionary direct appeals collateral proceedings even assuming michigan courts special difficulty unlikely marginal gains offset harms wrought majority preference redistributing resources set generally less meritorious claims whether one agrees policy choice made michigan voters perfectly constitutional iii even assuming right appointed appellate counsel circumstances right like vast majority procedural rights waivable despite majority dictum contrary moreover michigan statutory prohibition appointed appellate counsel prevent defendants waiving constitutional right counsel case halbert waiver knowing intelligent legal rights even constitutional ones presumptively waivable mezzanatto see also new york hill peretz basic rights criminal defendants subject waiver presumption waivability holds true right counsel held repeatedly defendant may waive right trial entry guilty plea long waiver knowing intelligent iowa tovar faretta california adams ex rel mccann johnson zerbst michigan seeks waiver extensive already sanctioned stages criminal proceeding asks defendants convicted plea waive right appointed counsel appeal may nonwaivable rights ones fundamental reliability factfinding process may never waived without irreparably discrediting federal courts mezzanatto supra internal quotation marks brackets citation omitted right appointed counsel discretionary appeal guilty plea however one even assuming assistance appellate counsel enhances reliability factfinding process correcting errors process possibly fundamental process absence irreparably discredit federal courts particularly since constitution guarantees right appeal furthermore explained record plea proceeding fully adequate enable discretionary review turn permit correction errors factfinding process necessary supra explaining defendant face record unreviewed counsel lack reasoned treatment claims finally even reliability appellate process rather trial process relevant consideration assistance appellate counsel fundamental appellate process absence deprives process meaning supra cf hill supra constitutional protection may waived even benefits society well criminal defendants petitioner emphasizes difficulty choice michigan statute puts criminal defendants proceed trial guarantee appointment appellate counsel plead guilty forgo benefit repeatedly recognized difficult choices necessary byproduct criminal justice system plea bargaining particular see mezzanatto supra brady michigan waiver requires choice demanding others criminal defendants regularly face majority maintains first halbert waive right appointed appellate counsel michigan law afforded right waive second dictum right waived third even right waived halbert knowingly intelligently waive wrong respect majority claims time entered plea halbert common defendants convicted pleas recognized right appointed appellate counsel elect forgo ante assertion apparently refers michigan statute comp laws ann west time halbert plea statute provided defendant convicted plea generally receive appointed appellate counsel majority reasoning flawed least three reasons first statement halbert common defendants convicted pleas recognized right appointed appellate counsel ante either incorrect irrelevant must view waiver decision perspective halbert defendants entering plea statement wrong matter michigan law michigan rules applicable time halbert plea explicitly provided entitled appointed appellate counsel convicted following trial rule lexis case involving conviction following trial defendant indigent must enter order appointing lawyer request filed within days sentencing within time filing appeal right michigan law thus gave halbert entering plea choice either proceed trial guarantee appointed appellate counsel plead guilty contest forgo appointed appellate counsel circumstances alternately stating halbert common defendants convicted pleas recognized right appointed appellate counsel ante majority might mean michigan law afforded halbert right appointed appellate counsel following conviction statement true irrelevant course michigan law afford halbert right appointed counsel pleaded contest charged crimes question whether pleading contest knowledge condition paid counsel appeal halbert accepted condition thereby waived right paid counsel appeal words question whether halbert right counsel following plea elected forgo right pleading second even majority correct michigan law beside point issue whether halbert waived federal constitutional right appointed appellate counsel might enjoyed whether michigan law provides counsel says nothing whether defendant possesses hence waive federal constitutional right effect michigan matter state law prohibited halbert receiving appointed appellate counsel pleaded guilty contest irrelevant whether halbert waive independent federal constitutional right counsel third majority implies existence right paid appellate counsel something recognized time halbert plea right waivable ante cryptic statement means unclear possibly mean rights explicitly uniformly recognized statute case law may waived statement means majority outlawed conditional waivers ones defendant agrees right waives take instead reference rights something recognized hence waivable ante means rights uniformly recognized also rights whose existence unsettled understanding majority rule correct rule justify claim constitutional right issue wholly unrecognized fact existence right unsettled halbert entered plea date november michigan issued bulger sustaining vigorous dissent practice denying appointment appellate counsel application leave appeal conviction federal district enjoined michigan state judges denying appointment appellate counsel indigents pursuant state statute ground statute unconstitutional tesmer kowalski supp ed majority appears focus fact michigan law afford defendants right state law irrelevant whether possessed federal constitutional right existence right unsettled time halbert plea hence take majority terms right majority attempts deflect criticism saying nothing halbert plea colloquy indicates waived assumed right assistance appointed appellate counsel ante arguable inadequacy plea colloquy separate issue irrelevant question hand whether right recognized hence waivable halbert defendant deciding plead irrespective content plea colloquy majority compounds error expressing doubt dictum right appointed appellate counsel waived ante ignores presumption waivability mezzanatto hill ignoring presumption majority effectively reverses espousing analysis directly contrary approach taken context broad array constitutional statutory provisions mezzanatto supra proposition michigan waiver requirement unconstitutional majority cites douglas explained create unreasoned distinctions indigent moneyed defendants ante cases nothing waiver determined certain rights existed existed nonwaivable majority seems think michigan waiver requirement arbitrarily distinguishes indigents affluent persons explained however statute thing rather sensibly differentiates defendants convicted trial defendants convicted plea supra majority dictum fails persuade case plea colloquy shows halbert waiver knowing intelligent deficiency plea colloquy harmless see cf fed rule crim proc first halbert understood waiving appeal right trial asked halbert understand accept plea giving waiving claim appeal right halbert answered yes sir app second explained statutory exceptions governing counsel must might appointed halbert indicated understood conditions ante quoting colloquy context enumeration limited conditions counsel might appointed informed halbert counsel appointed circumstances third end colloquy asked counsel promises considerations made aware app counsel believe complied rule regarding contest pleas questions prosecutor defense attorney answered affirmative cf bradshaw stumpf ante defendant represented competent counsel usually may rely counsel assurance defendant properly informed nature elements charge pleading guilty fourth ound plea understandingly made voluntary accurate app serious claim halbert changed plea provided information today confers defendants convicted plea right nowhere found constitution cases expense defendants whose claims average likely meritorious ignores even right exists fully waivable waived case respectfully dissent footnotes michigan provided halbert form titled notice rights sentencing plea contendere request appointment attorney app resembling advice conveyed halbert trial judge form described circumstances counsel must may appointed expressly state absent circumstances counsel provided revised michigan notice form entitled lawyer appointed public expense assist filing application leave appeal advice concerning right appeal plea contendere rev june available http pdf internet materials visited june available clerk case file question hand members agree whether case bracketed douglas california appointed counsel sought initial review intermediate appellate ross moffitt defendant must file application leave appeal see post thomas dissenting michigan system bears similarity state systems issue douglas majority dissent people bulger described state intermediate appellate function error correction compare majority view appeals perform review function despite defendant lack representation defendants ample aid preservation claims trial ineffective assistance counsel readily apparent appeals record cavanagh dissenting function appeals reviewing merits correcting errors made lower bulger opinions nowhere describe discretion exercised michigan appeals unconstrained may deny leave appeal reason reason post thomas dissenting compare bulger appeal intermediate discretionary defendant must obtai leave cavanagh dissenting appeals may deny leave appeal error assumes trial counsel recognize postconviction motion issues appropriate preservation appellate review lawyer may however perceive errors need motion defense counsel example whose performance halbert alleged ineffective apparently assist halbert preparing filing motion withdraw plea see supra one questions bulger stated appointment appellate counsel state expense efficient helpful defendants also appellate courts assuming justice thomas suggests whether michigan law conferred halbert right appointed appellate counsel irrelevant whether halbert waived federal constitutional right counsel post remainder dissent argument slips grasp see post conditional waiver defendant agrees right waives post issue nothing halbert plea colloquy indicates waived unsettled assumed right assistance appointed appellate counsel see post unpersuaded suggestion defendant may able waive right appeal entirely michigan consequently exact waiver right appellate counsel see tr oral arg many legal rights presumptively waivable post thomas dissenting michigan require defendants waive forms appeal condition entering plea condition operate moneyed impoverished defendants alike required waiver right appointed counsel assistance applying leave appeal michigan appeals however accomplish result worked comp laws ann west leave indigents without access counsel narrow range circumstances decisions hold state must affirmatively ensure poor defendants receive legal assistance necessary provide meaningful access judicial system see douglas frankfurter concurring judgment ordinarily state need equalize economic conditions criminal defendants lesser greater wealth footnotes douglas ross douglas limited first appeal right pennsylvania finley right appointed counsel extends first appeal right coleman thompson douglas establish es indigent criminal defendant right appointed counsel first appeal right state see also wainwright torna per curiam ross held criminal defendant constitutional right counsel pursue discretionary state appeals applications review moreover majority failure make clear sources law considered deciding whether right recognized ante hence nonwaivable bound wreak havoc instance suppose defendant waived right appeal sentence regional appeals held principle blakely washington apply sentencing guidelines held contrary booker defendant claim circuit sixth amendment right application guidelines recognized hence right nonwaivable