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People v. Evans

Supreme Court of Michigan.
Apr 28, 2015
497 Mich. 1008 (Mich. 2015)

Opinion

Docket No. 150517. COA No. 322162.

2015-04-28

PEOPLE of the State of Michigan, Plaintiff–Appellee, v. Anthony EVANS, Defendant–Appellant.


Order

On order of the Court, the application for leave to appeal the October 1, 2014 order of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we REMAND this case to the Wayne Circuit Court for the appointment of substitute appellate counsel, in light of Halbert v. Michigan, 545 U.S. 605, 125 S.Ct. 2582, 162 L.Ed.2d 552 (2005). The circuit court granted original appointed appellate counsel's motion to vacate the order of appointment of appellate counsel, but denied the defendant's motion for new appellate counsel. Even though counsel represented in his motion that there were no valid grounds for either a plea withdrawal or an appeal of the sentence imposed, he did not accompany his motion with legal analysis “referring to anything in the record that might arguably support the appeal,” and the trial court did not make a finding that the “case is wholly frivolous.” Anders v. California, 386 U.S. 738, 744, 87 S.Ct. 1396, 1400, 18 L.Ed.2d 493 (1967). On remand, substitute appellate counsel, once appointed, may file an application for leave to appeal in the Court of Appeals for consideration under the standard for direct appeals, and/or any appropriate post-conviction motions in the circuit court, within six months of the date of the circuit court's order appointing counsel.

We do not retain jurisdiction.


Summaries of

People v. Evans

Supreme Court of Michigan.
Apr 28, 2015
497 Mich. 1008 (Mich. 2015)
Case details for

People v. Evans

Case Details

Full title:PEOPLE of the State of Michigan, Plaintiff–Appellee, v. Anthony EVANS…

Court:Supreme Court of Michigan.

Date published: Apr 28, 2015

Citations

497 Mich. 1008 (Mich. 2015)
862 N.W.2d 197