Opinion
Docket No. 142822.COA No. 301683.
2011-09-6
PEOPLE of the State of Michigan, Plaintiff–Appellee,v.Jasen Allen THOMAS, Defendant–Appellant.
Order
On order of the Court, the application for leave to appeal the February 1, 2011 order of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we REMAND this case to the Court of Appeals. That court shall treat the defendant's delayed application for leave to appeal as having been filed within the deadline set forth in MCR 7.205(F) and shall decide whether to grant, deny, or order other relief, in accordance with MCR 7.205(D)(2). The defendant's untimely request for appointment of counsel caused him to lose his appeal of right, but he was deprived of the opportunity to file an application for leave to appeal through the ineffective assistance of appointed counsel. See Roe v. Flores–Ortega, 528 U.S. 470, 477, 120 S.Ct. 1029, 145 L.Ed.2d 985 (2000); Peguero v. United States, 526 U.S. 23, 28, 119 S.Ct. 961, 143 L.Ed.2d 18 (1999).