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No. 128340
| People of the State of Michigan, |
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William A. Forsyth |
| Plaintiff-Appellee, |
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vs (Kent - D. Leiber) |
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| Kenneth Jay Houlihan, |
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Anne M. Yantus |
| Defendant-Appellant. |
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| ______________________________________ |
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Click to view briefs in Adobe format:
Defendant-Appellant's Application for Leave to Appeal>>
Defendant-Appellant's Supplemental Brief>>
Plaintiff-Appellee's Response to Application>>
Attorney General's Amicus Curiae Brief>>
Criminal Defense Attorneys of Michigan's Amicus Curiae Brief>>
Prosecuting Attorneys Association's Amicus Curiae Brief>>
Background
In 2001, defendant Kenneth Jay Houlihan pled guilty to first-degree criminal sexual conduct offense and child sexually abusive activity. He was sentenced to 20 to 40 years for the criminal sexual conduct offense and 13 years, four months to 20 years for the child sexually abusive activity. Houlihan requested but was denied counsel, pursuant to MCR 770.3a. He filed an in pro per application for leave to appeal in the Court of Appeals, in which he argued that he was entitled to the appointment of appellate counsel. The Court of Appeals denied leave to appeal. Houlihan then sought leave to appeal in the Supreme Court, which also denied leave to appeal. After he exhausted his ability to pursue a direct appeal of his convictions, Houlihan returned to the trial court and filed a motion for relief from judgment, once again asking that his convictions be set aside. In this motion, Houlihan again requested the appointment of appellate counsel. The motion for relief from judgment was denied. Houlihan sought review in the Court of Appeals, but that court denied defendant's delayed application for leave to appeal for "lack of merit." Houlihan appeals.
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