Opinion
No. 141716.
November 22, 2010.
Court of Appeals No. 298130.
Summary Disposition.
Pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we remand this case to the Oakland Circuit Court for the appointment of substitute appellate counsel, in light of Halbert v Michigan, 545 US 605 (2005). Based on our review of the record, the Oakland Circuit Court erred in failing to timely appoint appellate counsel. This delay, in turn, led the defendant to seek appellate relief in the Court of Appeals beyond the 12-month deadline in MCR 7.205(F)(3). We further note that on July 14, 2010, the circuit court entered an order granting appointed counsel's motion to withdraw and also granting the appointment of substitute counsel, but there is no indication that substitute counsel was in fact appointed. Once appointed, substitute counsel may file an application for leave to appeal in the Court of Appeals, and/or any appropriate postconviction motions in the trial court, within six months of the date of the circuit court's order appointing counsel. Counsel may include among the issues raised, but is not required to include, the issue raised by the defendant in his application for leave to appeal in this Court. In all other respects, the application for leave to appeal and the motion to remand are denied, because we are not persuaded that the questions presented should now be reviewed by this Court. We do not retain jurisdiction.