Michigan Laws 780.1003 – Effect of United States or state supreme court cases; failure to comply with statutory duties; grounds for reversal or modification of conviction
Current as of: 2023 | Check for updates
|
Other versions
Terms Used In Michigan Laws 780.1003
- Conviction: A judgement of guilt against a criminal defendant.
- Indigent: means meeting 1 or more of the conditions described in section 11(3). See Michigan Laws 780.983
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
- system: means either of the following:
(i) The local unit of government that funds a trial court. See Michigan Laws 780.983United States: shall be construed to include the district and territories. See Michigan Laws 8.3o
(1) Nothing in this act shall be construed to overrule, expand, or extend, either directly or by analogy, any decisions reached by the United States supreme court or the supreme court of this state regarding the effective assistance of counsel.
(2) Nothing in this act shall be construed to override section 29 or 30 of article IX of the state constitution of 1963.
(3) Except as otherwise provided in this act, the failure of an indigent criminal defense system to comply with statutory duties imposed under this act does not create a cause of action against the government or a system.
(4) Statutory duties imposed that create a higher standard than that imposed by the United States constitution or the state constitution of 1963 do not create a cause of action against a local unit of government, an indigent criminal defense system, or this state.
(5) Violations of MIDC rules that do not constitute ineffective assistance of counsel under the United States constitution or the state constitution of 1963 do not constitute grounds for a conviction to be reversed or a judgment to be modified for ineffective assistance of counsel.