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Frank James Neal v. Michigan
IFP petition · Circuit Court of Michigan, Genesee County, No. 2016-039732-FC · judgment February 23, 2024
Question presented
In Roe v Flores-Ortega, this Court said that the decision to appeal rests with the defendant, so counsel has a constitutionally-imposed duty to consult with the defendant about the appeal. In this case, the State court vacated defendant's convictions and sentences, and remand for a new trial. Then the State court vacated the new trial because appellate counsel—without defendant's consent—filed a motion for reconsideration on an undecided issue. Does counsel perform in a professionally unreasonable manner by initiating an appeal without an effort to discover defendant's wishes? and, What remedy is there for defendant's injury from counsel's deficient performance? In Smith v Bennett, 365 US 708 (1961), this Court determined that equal force of review apply to state post-conviction, so does Michigan state courts' summarily denial of constitutional errors without a merit determinations amount to a review under the due process and equal protection clauses?
Counsel of record
For petitioner
Frank James Neal
For respondent
Danielle Walton
Genesee County Prosecutor's Office
Case
Conference history
Distributed for 1 conference
Proceedings
- May 04 2026Petition DENIED.
- Apr 16 2026DISTRIBUTED for Conference of 5/1/2026.
- Apr 10 2026Waiver of right of respondent Michigan to respond filed.
- Jun 25 2025Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 10, 2026)