Opinion
No. 131191.
October 4, 2006.
Appeal from the Court of Appeals No. 266882.
Summary Dispositions October 4, 2006.
Pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we remand this case to the Court of Appeals. The Court of Appeals shall then remand the case to the Oakland Circuit Court to conduct an evidentiary hearing pursuant to People v Ginther, 390 Mich 436 (1973), on the defendant's claim that the failure to timely seek appellate review was caused by ineffective assistance of counsel. If the trial court finds in favor of the defendant's claim, the Court of Appeals shall treat the defendant's application as having been timely filed. It shall then either grant or deny the application.