Opinion
Docket No. 152301. COA No. 320557.
04-06-2016
PEOPLE of the State of Michigan, Plaintiff–Appellee, v. Raphael Cordero CAMPBELL, Defendant–Appellant.
Order
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 U.S. 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.