Opinion
No. 125762.
September 21, 2005.
Summary Disposition.
SC: 125762, COA: 253152.
In an order dated June 28, 2005, Harris v. Michigan, 545 US ___; 125 S Ct 2989 (2005), the Supreme Court of the United States remanded this matter to this Court for further consideration in light of Halbert v. Michigan, 545 US ___; 125 S Ct 2582; 162 L Ed 2d 552 (2005). After further consideration, we vacate this Court's order of June 25, 2004, 470 Mich 882 (2004), and remand this case to the Kent Circuit Court for a determination whether defendant is indigent and, if so, for the appointment of appellate counsel, in light of Halbert, supra. Appointed counsel may file an application for leave to appeal with the Court of Appeals, and/or any appropriate post-conviction motions in the trial court, within 12 months of the date of the circuit court's order appointing counsel, in accord with the deadlines in effect at the time defendant was denied counsel. We do not retain jurisdiction.