Opinion
359387
04-21-2022
People of Michigan v. David Brian Griffin
LC No. 15-009612-01-FC
Thomas C. Cameron Presiding Judge Christopher M. Murray Anica Letica Judges
ORDER
The motion for reconsideration is GRANTED, and this Court's order entered February 2, 2022 order is hereby VACATED.
Pursuant to MCR 7.205(E)(2), in lieu of granting the delayed application for leave to appeal, the circuit court's August 11, 2021 order is VACATED, and the matter REMANDED to the trial court for further proceedings consistent with this order. Pursuant to MCR 6.505(B), after the trial court appointed counsel to represent defendant with respect to the motion for relief from judgment, the trial court was required to "afford counsel 56 days to amend or supplement the motion." The trial court did not provide counsel with that opportunity, and instead decided the motion before the 56-day period to amend or supplement the motion had passed. On remand, we direct the court to provide appointed counsel 56 days from the date of the Clerk's certification of this order to amend or supplement the motion for relief from judgment. Pursuant to MCR 6.505(B), "The court may extend the time on a showing that a necessary transcript or record is not available to counsel." Once this period has passed, the trial court shall reconsider the motion for relief from judgment, as amended or supplemented by counsel if an amendment or supplement is filed.
This order is to have immediate effect. MCR 7.215(F)(2). We do not retain jurisdiction.