Opinion
364879
07-20-2023
People of Michigan v. Damon Lamar Mallory
LC No. 2018-266714- FH
Kathleen Jansen Presiding Judge Mark J. Cavanagh Deborah A. Servitto Judges
ORDER
The motion to withdraw is DENIED for reason that the appeal is not wholly frivolous in light of defense counsel's conclusion that "trial counsel provided ineffective assistance of counsel by failing to file to suppress based on an illegal affidavit, rendering Mr. Mallory's plea unknowing and involuntary." In light of the fact that counsel moved to withdraw despite that statement, this Court, on its own motion, REMANDS for the appointment of new appellate counsel. MCR 7.211(C)(5)(d).
Counsel for defendant-appellant shall have 35 days from the date of the appointment within which to either file a motion to remand for an evidentiary hearing, or to file a brief in support of the application for leave to appeal addressing the following: whether trial counsel provided ineffective assistance by failing to move to suppress the evidence on the basis of an allegedly defective search warrant, and any other issue(s) counsel deems to be meritorious.