Opinion
SC: 152301
04-06-2016
PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v. RAPHAEL CORDERO CAMPBELL, Defendant-Appellant.
Order
Robert P. Young, Jr., Chief Justice Stephen J. Markman Brian K. Zahra Bridget M. McCormack David F. Viviano Richard H. Bernstein Joan L. Larsen, Justices COA: 320557
Wayne CC: 13-009175-FC
On order of the Court, the application for leave to appeal the August 20, 2015 judgment of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE that part of the Court of Appeals opinion stating that the defendant was not entitled to raise a claim of ineffective assistance of appellate counsel. Because defendant's motion for a new trial was filed during his appeal by right, he was entitled to counsel during the proceeding and entitled to raise a claim of ineffective assistance of counsel on appeal. Douglas v California, 372 US 353; 83 S Ct 814; 9 L Ed 2d 811 (1963). In all other respects, leave to appeal is DENIED, because we are not persuaded that the remaining questions presented should be reviewed by this Court.
I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.
April 6, 2016
/s/_________
Clerk