In re Cobb

Full title: In re Johnathan Wayne Cobb

Court: Court of Appeals of Michigan

Date published: Dec 20, 2022

No. 364022 (Mich. Ct. App. Dec. 20, 2022)

Opinion

364022

12-20-2022

In re Johnathan Wayne Cobb

Christopher M. Murray, Judge,

LC No. 22-028116-DL

ORDER

Christopher M. Murray, Judge, acting under MCR 7.211(E)(2), orders:

This cause is REMANDED to the trial court for a determination whether to appoint appellate counsel for the respondent-appellee. Matters pertaining to the appointment of an attorney are decided in the trial court. MCR 7.208(H). If counsel was previously appointed to represent the respondent during the trial court proceedings, counsel shall be appointed to represent the respondent on appeal. If the respondent was not represented by appointed counsel during the trial court proceedings, counsel may be appointed to represent the respondent on appeal if the respondent requests the appointment of counsel on remand and is indigent.

The trial court shall determine whether to appoint counsel for the respondent-appellee within 14 days of the Clerk's certification of this order. The trial court shall send a copy of the order deciding this issue and naming appointed counsel, if any, to the Clerk of this Court within 7 days of the decision.

If counsel was previously appointed to represent the respondent during the trial court proceedings, it is the responsibility of the appointed trial lawyer to inform the respondent of this order and to make any appropriate motions to implement the provisions of this order.

This Court retains jurisdiction.