Opinion
SC 162583 (20) COA 355399
11-02-2021
PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v. STANLEY LEWIS GIBBS, Defendant-Appellant.
Genesee CC: 80-029659-FC
Bridget M. McCormack, Chief Justice Brian K. Zahra David F. Viviano Richard H. Bernstein Elizabeth T. Clement Megan K. Cavanagh Elizabeth M. Welch, Justices
ORDER
On order of the Court, the application for leave to appeal the December 9, 2020 order of the Court of Appeals is considered. We DIRECT the Genesee County Prosecuting Attorney to answer the application for leave to appeal within 28 days after the date of this order, specifically addressing whether the defendant's delayed application for leave to appeal in the Court of Appeals was timely under MCR 7.205(G)(3), in light of the unclear trial court record and the defendant's assertion that he timely filed a motion for reconsideration of the motion for relief from judgment and timely filed the delayed application for leave to appeal after the motion for reconsideration was denied.
The application for leave to appeal and motion for appointment of counsel remain pending.