Opinion
364520
01-17-2024
IN RE D M A NABORS MINOR
LC No. 2022-000880-NA
Douglas B. Shapiro, Presiding Judge Jane E. Markey, Christopher P. Yates Judges
ORDER
The motion to remand is GRANTED. This case is REMANDED to the trial court for an evidentiary hearing and decision whether respondent was denied the effective assistance of counsel. In re Simon, 171 Mich.App. 443, 447 (1988); People v Ginther, 390 Mich. 436 (1973). Proceedings on remand are limited to the issues raised in the motion to remand. This Court retains jurisdiction.
Respondent shall initiate the proceedings on remand within 14 days of the date of this order. The time for further proceedings in this appeal shall begin to run on the issuance of an order in the trial court that concludes the remand proceedings. However, if respondent fails to file a motion to initiate the proceedings within the time provided, the time for further proceedings in this appeal shall begin to run at the conclusion of that 14-day period. Respondent shall file with this Court a copy of any motion and supporting brief filed in the trial court, and respondent shall file a copy of any order entered within 14 days after entry.
The trial court shall hear and decide the matter within 42 days of the date of this order and shall make an appropriate determination on the record. Respondent shall order a transcript of any hearing on remand to be filed within 21 days after completion of the proceedings.
Respondent's appellant brief is due as provided in MCR 7.211(C)(1)(e)(i).