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- Description of the Books
- Defender Trial and Plea, Sentencing & Post-Conviction Books, 2008 edition
The 2008 edition of the Defender, Trial & Plea, Sentencing & Post-Conviction Books contains the most recent print editions of the Defender Trial and Plea, Sentencing and Post-Conviction Books as well as full text of selected unpublished Court of Appeals decisions and Criminal Defense Newsletter articles. These editions cover new developments through July, 2008 and mirror the print versions: both case summaries and the text of relevant court rules and statutes are provided. Within each section, cases are arranged by importance and content, rather than date of decision.
Selected unpublished Court of Appeals opinions are also reported. While not precedentially binding, unpublished opinions may be cited as persuasive authority, as long as a copy of the opinion is provided to the court and opposing counsel. MCR 7.215(C). The unpublished opinions used in the Defender Trial and Plea, Sentencing and Post-Conviction Books are available from either the publisher of Michigan Lawyers Weekly or the Criminal Defense Resource Center; each citation indicates either MLW or CDRC as a source. To request a copy, attorneys should contact MLW at 1-800-678-5297 or CDRC at (313) 256-9833.
- Defender Motions Book, 2008 edition
The 2008 edition of the Defender Motions Book is part of a set including the Defender Trial and Defender
Plea, Sentencing and Post-Conviction Books. The Defender Motions Book focuses on motions commonly filed at trial by
criminal defense attorneys practicing in Michigan courts. Feedback from users is encouraged.
Format. Each chapter of the Motions Book contains its own table of contents, allowing quick identification of
issues and location of useful material. Sample motions follow narrative text, and are linked numerically; for
example, motion 2.4 relates to text 2-4, covering the same subject. Simpler motions contain highlighted fields
which identify data which can be plugged in from a particular case. More complicated motions (search and
seizure, for example) are more fact-driven, and data fields are not supplied. Instead, a sample appears for
guidance on form.
Citations. Text and motions contain citations to court rules, statutes, and appellate decisions, updated through
early 2008. In all cases, attorneys are urged to update the authorities up to the date of filing. Summaries and full
text of new developments are available on the SADO Web site, www.sado.org.
Interactive version. The Defender Motions Book also is published in an interactive version, for use in word
processing. This version, supplied on diskettes, CD-ROM or Web-downloadable form, is meant to provide
templates which are customized for a particular case. Users may tab from field to field, delete text, or add text as
needed.
- Defender Habeas Book, 2008 edition
The 2008 edition of the Defender Habeas Book joins the set consisting of the Defender Trial, Defender Plea, Sentencing & Post-Conviction, and the Defender Motions Books. It is written for trial and appellate attorneys alike, and covers how to preserve and present federal constitutional claims in habeas proceedings. The increasingly complex procedure is described in detail, and both court forms and sample pleadings are provided. Pleadings are of two types. Simpler ones contain highlighted fields that identify data that can be plugged in from a particular case. More complicated pleadings are more fact-driven, and data fields are not supplied; instead, a sample appears for guidance. The Defender Habeas Book also lists cognizable habeas issues, within Chapter One.
Format. Each chapter contains its own table of contents and cross-references, allowing quick identification of issues and location of useful material. Case summaries and the text of relevant court rules and statutes are provided, updated through July, 2008. The federal form of citation is used throughout as a guide to practitioners, who are cautioned to follow the “Blue Book” when drafting federal pleadings.
Attorneys are encouraged to consult both the Defender Trial Book and the Defender Motions Book for guidance on issue preservation in state court. The importance of making objections and filing appropriate motions on federal constitutional issues cannot be overstated.
Interactive version. The Defender Habeas Book also is published in an interactive version, for use in word
processing. This version, supplied on diskettes, CD-ROM or Web-downloadable form, is meant to provide
templates which are customized for a particular case. Users may tab from field to field, delete text, or add text as
needed.
- Downloading the Books
- Download fulltext searchable database:
This section provides the basic information you need to get started. It is recommended that you PRINT this instructions to assist you with downloading process and the installation. For assistance on registration, installation or use, please contact John Powell, Database & Webmaster at (313) 256-9833 or via e-mail at jpowell@sado.org.
Minimum system requirements to install and use the program and books is a Pentium computer, 512 megs RAM and 60 MB storage capacity.
- The downloadable file is compressed in ZIP format. For users without a ZIP program, it can be downloaded for free from WinZip. Follow the installation instructions provided with the WinZip Program.
- Depending upon your hardware configuration and Internet connection, installation and setup of the books and database on your system may take from 10 to 30 minutes.
- To decompress them and install the program, books and database, please follow the directions below. The program will automatically configure your system and printer to preselected system defaults. To configure your system on your own, follow the directions on the installation program.
To download and install the program and contents of the 2008 Defender Trial, Sentencing, Motions and Habeas Books to your system's hard drive:
- Download the 2008 Defender Trial, Sentencing, Motions and Habeas Books to your computer. Note directory and file name. (Save the file to "Desktop" with the file name 2008book.zip.)
- Double click on the 2008book.zip icon. (The icon is on your desktop.)
- Extract the files to the directory C:\2008book\temp\
From the task bar:
Click on Start, then
Click on Run.
- Type c:\2008book\temp\install. Click with your mouse on Continue to continue with the installation.
- The system will prompt you for file location. C:\07books\ is the default. Click on Continue. The software will set up an Icon for the books in the program group (2008 Defender Books).
To access the Defender Books:
From the task bar:
Click on Start, then
Click on Programs, then
Click on 2008 Defender Books, then
Click on the desired book.
- View PDF version:
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