Opinion
SC: 160827 COA: 349268
01-20-2021
PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Jonathan Joseph GOOD, Defendant-Appellant.
Order
By order of July 31, 2020, the prosecuting attorney was directed to answer the application for leave to appeal the October 23, 2019 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 for consideration, as on leave granted, of (1) whether the defendant, by filing a Standard 4 supplemental brief on direct appeal, waived his right to claim ineffective assistance of appellate counsel in proceedings under MCR Subchapter 6.500; (2) whether the Court of Appeals decided the defendant's restitution and sentencing grounds for relief against him in the prior appeal, MCR 6.508(D)(2) ; and (3) if not, whether the defendant is entitled to relief from judgment on these grounds for relief. In all other respects, leave to appeal is DENIED, because we are not persuaded that the remaining questions presented should be reviewed by this Court.
On remand, while retaining jurisdiction, the Court of Appeals shall remand this case to the Mecosta Circuit Court and direct that court to appoint counsel to represent the defendant in the Court of Appeals. Because the State Appellate Defender Office and Laurel Kelly Young represented the defendant in prior appellate proceedings, neither may be appointed as appellate counsel.
We do not retain jurisdiction.