People v. Adams

Full title: PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Sirdarean ADAMS…

Court: Supreme Court of Michigan

Date published: Sep 17, 2010

788 N.W.2d 18 (Mich. 2010)

Opinion

788 N.W.2d 18 (Mich. 2010) PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Sirdarean ADAMS, Defendant-Appellant. No. 140384. Supreme Court of Michigan. September 17, 2010

         Prior report: 2009 WL 3931496; 486 Mich. 1040, 783 N.W.2d 120.

         Order

         On order of the Court, the motion for reconsideration of this Court's June 25, 2010 order is considered, and it is GRANTED. We VACATE our order dated June 25, 2010. On reconsideration, the application for leave to appeal the November 19, 2009 judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we VACATE the judgment of the Court of Appeals and REMAND this case to the Court of Appeals for a new appeal. The defendant requested the appointment of appellate counsel in the district court while the prosecutor's interlocutory appeal was pending in the Court of Appeals, but counsel was not appointed until after the Court of Appeals issued its judgment on November 19, 2009. Consequently, the defendant was not represented by counsel during the prosecutor's interlocutory appeal. On remand, the defendant is entitled to appointed appellate counsel.

          DAVIS, J., not participating. I recuse myself and am not participating because I was on the Court of Appeals panel in this case. See MCR 2.003(B).