Opinion
SC: 163110 COA: 346871
12-22-2021
Order
On order of the Court, the application for leave to appeal the March 25, 2021 judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral argument on the application. MCR 7.305(H)(1).
We further ORDER the Genesee Circuit Court, in accordance with Administrative Order 2003-03, to determine whether the defendant is indigent and, if so, to appoint counsel to represent the defendant in this Court.
The appellant shall file a supplemental brief within 42 days of the date of the order appointing counsel or by February 28, 2022, whichever is later, addressing: (1) whether the 26-month delay between the defendant's arrest and his trial violated the defendant's speedy trial rights. People v. Williams , 475 Mich. 245, 716 N.W.2d 208 (2006) ; Barker v. Wingo , 407 U.S. 514, 532, 92 S.Ct. 2182, 33 L.Ed.2d 101 (1972) ; and, if so, (2) whether defense counsel's failure to raise a speedy trial violation claim on direct appeal constituted ineffective assistance of appellate counsel and warrants relief from judgment. In the brief, citations to the record must provide the appendix page numbers as required by MCR 7.312(B)(1). The appellee shall file a supplemental brief within 21 days of being served with the appellant's brief. A reply, if any, must be filed by the appellant within 14 days of being served with the appellee's brief. The parties should not submit mere restatements of their application papers.