Opinion
SC: 155236
11-29-2017
PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v. DEQUAN JENERIO HARRIS, Defendant-Appellant.
Order
Stephen J. Markman, Chief Justice Brian K. Zahra Bridget M. McCormack David F. Viviano Richard H. Bernstein Kurtis T. Wilder Elizabeth T. Clement, Justices COA: 334394
Wayne CC: 12-004240-FH
On order of the Court, the application for leave to appeal the December 7, 2016 order of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we REMAND this case to the Court of Appeals. That court shall treat the defendant's delayed application for leave to appeal as having been filed within the deadline set forth in MCR 7.205(G) and shall decide whether to grant, deny, or order other relief, in accordance with MCR 7.205(E)(2). The defendant made a timely request for the appointment of appellate counsel, but his request was not processed by the Wayne Circuit Court until more than six months later, contrary to MCR 6.425(G). Accordingly, the defendant was deprived of his direct appeal as a result of the trial court's error.
We do not retain jurisdiction.
WILDER, J., did not participate because he was on the Court of Appeals panel.
CLEMENT, J., did not participate.
I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.
November 29, 2017
/s/_________
Clerk