Opinion
No. 119500.
January 15, 2002.
COA: 214941, Livingston CC: 97-010185-FC
On order of the Court, the delayed application for leave to appeal from the May 16, 2000 decision of the Court of Appeals is considered, and we REMAND this case to the trial court for appointment of the State Appellate Defenders Office to represent defendant in filing a supplemental application for leave to appeal to this Court addressing the issues of (1) whether defendant is entitled to a new trial based on newly discovered evidence consisting of eyewitness testimony concerning the bicycle accident or, in the alternative, (2) whether defendant was denied the effective assistance of trial counsel because counsel failed to interview and produce at trial eyewitnesses to the bicycle accident.
We retain jurisdiction.