Opinion
No. 128340.
September 23, 2005.
Orders Granting Oral Argument in Cases Pending on Application for Leave to Appeal.
SC: 128340, COA: 256534.
Pursuant to MCR 7.302(G)(1), we direct the clerk to schedule oral argument on whether to grant the application for leave to appeal or take other peremptory action permitted by MCR 7.302(G)(1). The parties are directed to file supplemental briefs by October 24, 2005, addressing whether the holding in Halbert v. Michigan, 545 US ___; 125 S Ct 2582; 162 L Ed 2d 552 (2005), retroactively applies to defendant's motion for relief from judgment from his plea-based conviction where the trial court denied his request for the appointment of appellate counsel to assist him in pursuing a direct appeal. In addressing this issue, the parties may benefit from considering Teague v. Lane, 489 US 288, 356 (1989), Beard v. Banks, 542 US 406 (2004), and Howard v. United States, 374 F3d 1068 (CA 11, 2004). We further order the Kent Circuit Court to appoint the State Appellate Defender Office to represent the defendant in this Court. The Criminal Defense Attorneys of Michigan and the Prosecuting Attorneys Association of Michigan are invited to file briefs amicus curiae by November 1, 2005. Court of Appeals No. 256534.