People v. Duha

Full title: PEOPLE OF Michigan v. JUSTIN EDWARD DUHA

Court: Court of Appeals of Michigan

Date published: Oct 31, 2022

No. 363115 (Mich. Ct. App. Oct. 31, 2022)

Opinion

363115

10-31-2022

PEOPLE OF Michigan v. JUSTIN EDWARD DUHA

Michael F. Gadola, Chief Judge

LC No. 22-010286-FH

ORDER

Michael F. Gadola, Chief Judge Pro Tem, acting under MCR 7.211(E)(2), orders:

This cause is REMANDED to the trial court for a determination whether to appoint appellate counsel for the defendant-appellee. Matters pertaining to the appointment of an attorney are decided in the trial court. MCR 7.208(H). If counsel was previously appointed to represent the defendant during the trial court proceedings, counsel shall be appointed to represent the defendant on appeal. MCR 6.425(G)(1). If defendant was not represented by appointed counsel during the trial court proceedings, counsel may be appointed to represent defendant on appeal if the defendant requests the appointment of counsel on remand and is indigent.

The trial court shall determine whether to appoint counsel for defendant-appellee within 14 days of the Clerk's certification of this order. The trial court shall send a copy of the order deciding this issue and naming appointed counsel, if any, to the Clerk of this Court within 7 days of the decision.

If counsel was previously appointed to represent the defendant during the trial court proceedings, it is the responsibility of the appointed trial lawyer to inform the defendant of this order and to make any appropriate post-conviction motion to implement the provisions of this order. MCR 6.005(H)(4).

This Court retains jurisdiction.