Opinion
358087
01-26-2022
People of Michigan v. Raulie Wayne Casteel
LC No. 13-021206-FC
Amy Ronayne Krause, Michael F. Gadola Judges
ORDER
Michelle M. Rick Presiding Judge
On the Court's own motion, the order entered in this matter on January 18, 2022, is VACATED.
The motion to waive fees is GRANTED for this case only.
Pursuant to MCR 7.205(E)(2), in lieu of granting the delayed application for leave to appeal, the Court REMANDS this matter to the trial court for an evidentiary hearing and decision whether defendant was denied the effective assistance of counsel. People v Ginther, 390 Mich. 436 (1973). Proceedings on remand are limited to the issues raised in defendant's motion for relief from judgment. The trial court shall appoint appellate counsel to represent defendant at the hearing. MCR 6.425(G)(2)(b); MCR 6.505(A). This Court retains jurisdiction.
The trial court shall hear and decide the matter within 56 days of the date of this order and shall make an appropriate determination on the record. The parties shall promptly file with this Court a copy of any papers filed on remand. Defendant shall file a copy of any order entered within 14 days after entry. The trial court shall order a transcript of any hearing on remand to be prepared at public expense and filed within 21 days after completion of the proceedings.