Opinion
371015
12-12-2024
PEOPLE OF MICHIGAN v. HAMIN LORENZO DIXON
LC No. 04-001781-FH
Michelle M. Rick Presiding Judge Jane E. Markey Randy J. Wallace Judges
ORDER
The motion to waive fees is GRANTED for this case only.
The delayed application for leave to appeal is GRANTED, limited to the issues raised in the application. MCR 7.205(E)(4). As relevant to the question whether an error by the trial court or other factor outside defendant's control denied him the right to appellate review or the appointment of appellate counsel, see MCR 6.428, the parties shall address the trial court's obligations at the time of defendant's sentencing in 2004, see former MCL 770.3a, and the applicability of Halbert v Michigan, 545 U.S. 605; 125 S.Ct. 2582; 162 L.Ed.2d 552 (2005). See also People v Hill, 483 Mich. 897 (2009). The parties should also specifically address the information given to defendant at the time of sentencing and whether, as suggested in the opinion of the United States District Court for the Eastern District of Michigan in 2015 (Case No. 2:14-CV-11895), defendant otherwise received information about his appellate rights via correspondence in July 2005. The time for taking further steps in this appeal runs from the date of the Clerk's certification of this order. MCR 7.205(E)(3).
On its own motion, the Court DIRECTS the prosecutor to file an appellee's brief in reply to appellant's brief, either within 56 days of the Clerk's certification of this order, or within the time stated in MCR 7.212(A)(2)(a), whichever is later.
On its own motion, the Court REMANDS the matter to the trial court for appointment of appellate counsel to represent defendant in this appeal. This Court retains jurisdiction.