Opinion
SC: 162583 COA: 355399
01-31-2022
PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Stanley Lewis GIBBS, Defendant-Appellant.
Order
By order of November 2, 2021, the prosecuting attorney was directed to answer the application for leave to appeal the December 9, 2020 order of the Court of Appeals. On order of the Court, the answer having been received, the application for leave to appeal is again considered. Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we REMAND this case to the Court of Appeals and DIRECT that it hold this case in abeyance pending the decisions in People v Poole (Docket No. 161529), and People v Parks (Docket No. 162086). Following the decisions in Poole and Parks , the Court of Appeals shall decide whether to grant, deny, or order other relief, in accordance with MCR 7.205(E)(2). The defendant's delayed application for leave to appeal was timely filed in the Court of Appeals within six months after the trial court's order denying his motion for reconsideration, and the record does not support a finding that the motion for reconsideration was not timely filed after the defendant's motion for relief from judgment was denied. The motion for appointment of counsel is DENIED.