Opinion
Orders Entered January 27, 1998
On order of the Court this is to advise that the Court is considering an amendment of Rule 6.445 of the Michigan Court Rules. Before determining whether the proposal should be adopted, changed before adoption, or rejected, this notice is given to afford any interested person the opportunity to comment on the form or the merits of the proposal. We welcome the views of all who wish to address the proposal or who wish to suggest alternatives.
As whenever this Court publishes an administrative proposal for comment, we emphasize that publication of this proposal does not mean that the Court will issue an order on the subject, nor does it imply probable adoption of the proposal in its present form.
[The present language would be amended as indicated below:]
RULE 6.445. PROBATION REVOCATION.
(A)-(G) [Unchanged.]
(H) Review. The probationer has a right to appeal from a sentence of incarceration imposed under subrule (G). (1) in a case involving a sentence of incarceration under subrule (G), the court must advise the probationer on the record, immediately after imposing sentence, that (a) the probationer has a right to appeal, if the conviction occurred at a contested hearing, or (b) the probationer is entitled to file an application for leave to appeal, if the conviction was the result of a plea of guilty. (2) In a case that involves a sentence other than incarceration under subrule (G), the court must advise the probationer on the record, immediately after imposing sentence, that the probationer is entitled to file an application for leave to appeal. Staff Comment: The amendment of MCR 6.445 (H) has been proposed by the Michigan Judges Association, in light of the 1994 amendment of Const 1963, art 1, § 20, and the related amendment of MCR 6.425.
The staff comment is published only for the benefit of the bench and bar and is not an authoritative construction by the Court.
|------------------------------------------------------| | Publication of this proposal does not mean that the | | Court will issue an order on the subject, nor does | | it imply probable adoption in its present form. | | Timely comments will be substantively considered | | and your assistance is appreciated by the Court. | |------------------------------------------------------|
A copy of this order will be given to the secretary of the State Bar and to the State Court Administrator so that they can make the notifications specified in MCR 1.201. Comments on this proposal may be sent to the Supreme Court Clerk within 60 days after it is published in the Michigan Bar Journal. When filing a comment, please refer to our file number 97-49.