Opinion
SC: 161495 COA: 352605
11-04-2020
PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Joie Rayshawn BELL, Defendant-Appellant.
Order
On order of the Court, the application for leave to appeal the April 17, 2020 order of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we REMAND this case to the Wayne Circuit Court to determine whether the defendant is indigent and, if so, to appoint counsel to represent the defendant at an evidentiary hearing pursuant to People v. Ginther , 390 Mich. 436, 212 N.W.2d 922 (1973). The circuit court shall determine whether the defendant's former appellate counsel rendered ineffective assistance on direct appeal. If it is determined that appellate counsel was ineffective, the defendant shall be entitled to the assistance of appointed counsel to pursue a motion for relief from judgment pursuant to MCR subchapter 6.500. In all other respects, leave to appeal is DENIED, because we are not persuaded that the remaining question presented should be reviewed by this Court.
We do not retain jurisdiction.