Opinion
No. 131606.
October 31, 2006.
Appeal from the Court of Appeals No. 267870.
Summary Dispositions October 31, 2006.
Pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we remand this case to the Muskegon 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 605 (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 circuit court's order appointing counsel, in accord with the deadlines in effect at the time defendant was denied counsel. See MCR 7.205(F)(3), MCR 6.311, and MCR 6.429. Counsel may, but is not required to, include those issues defendant raised in his application for leave to appeal to this Court. In all other respects, leave to appeal is denied, because we are not persuaded that the questions presented should now be reviewed by this Court.