Opinion
Nos. 128254, 128873.
September 21, 2005.
Summary Disposition.
SC: 128254, 128873. COA: 251686, 260525.
Pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we remand this case to the Kent Circuit Court For a determination of whether defendant is indigent and, if so, for the appointment of appellate counsel in light of Halbert v. Michigan, 545 US ___; 125 S Ct 2582; 162 L Ed 2d 552 (2005). Appointed counsel may file an application for leave to appeal with the Court of Appeals, and/or any appropriate postconviction motions in the trial court, within 12 months of the date of the Kent Circuit Court's order appointing counsel, in accord with the deadlines in effect at the time defendant was denied counsel. See MCR 6.311, 6.429, and 7.205(F)(3). Counsel may include among the issues raised, but is not required to include, those issues raised by defendant in his application for leave to appeal to this Court. In all other respects, leave to appeal is denied. We do not retain jurisdiction.