Opinion
Docket No. 148486. COA No. 318666.
2014-06-24
PEOPLE of the State of Michigan, Plaintiff–Appellee, v. Steven GILLIARD, Defendant–Appellant.
Prior report: ––– Mich. ––––, 845 N.W.2d 127.
Order
By order of April 28, 2014, the prosecuting attorney was directed to answer the application for leave to appeal the December 20, 2013 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 and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we REMAND this case to the Calhoun 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). Based on our review of the record, the circuit court granted original appointed appellate counsel's motion to withdraw, but failed to appoint substitute appellate counsel until after the then effective 12–month deadline to file a direct appeal had expired. See MCR 7.205(F). On remand, substitute appellate counsel, once appointed, may file an application for leave to appeal in the Court of Appeals, and/or any appropriate postconviction motions in the circuit court, within six months of the date of the circuit court's order appointing counsel. Counsel may include among the issues raised, but is not required to include, the issue raised by the defendant in his motion for relief from judgment that was filed in 2009.
We do not retain jurisdiction.