Opinion
SC: 154121 COA: 332326
04-27-2017
PEOPLE of the State of Michigan, Plaintiff–Appellee, v. James Dean BYARS, Defendant–Appellant.
Order
By order of November 30, 2016, the prosecuting attorney was directed to answer the application for leave to appeal the July 1, 2016 order of the Court of Appeals. On order of the Court, the answer having been received, the application for leave to appeal is again considered, and it is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court. This denial is without prejudice to the defendant's right to file a motion for relief from judgment pursuant to MCR 6.500 et seq. that may include the issue of whether his appellate counsel provided ineffective assistance of counsel when appellate counsel failed to properly notice the defendant's pro se motion for a new trial and/or to seek an adjournment.