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Docket 03-407
Docket 03-407

Kowalski v. Tesmer

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Status
Decided
Decision released
Dec 13, 2004

Decision briefing

The case in plain English

Start with the holding, why it matters, and the strongest takeaways from the opinions.

What's this case about?

1. Does the 14th Amendment guarantee an indigent criminal defendant convicted by a guilty plea the right to an appointed appellate attorney in a discretionary first appeal? 2. Do attorneys have third-party standing on behalf of potential indigent defendants to make a constitutional challenge to a state statute prohibiting appointment of appellate counsel in discretionary first appeals following convictions by guilty pleas?

What are the basics?

```json { "summary": "Attorneys challenged a Michigan law that denied appointed appellate counsel to indigent defendants who pled guilty, arguing it violated constitutional rights. The Supreme Court dismissed the case, ruling that the attorneys did not have the legal standing to sue on behalf of future indigent defendants.", "questionPresented": "Do attorneys have third-party standing to file a lawsuit on behalf of potential future indigent defendants to challenge a state statute that prohibits the appointment of appellate counsel for discretionary appeals following guilty pleas?" } ```

Where things stand

Timeline

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Case Accepted
Arguments HeardUpcoming
Decision ReleasedDec 13, 2004

Source note

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Primary materials

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Opinions

Kowalski
opinionBy Rehnquist, O'Con-Nor, Scalia, Kennedy, Thomas, Breyer, Ginsburg, Stevens, Souter

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