Opinion
370901
10-08-2024
PEOPLE OF MICHIGAN v. TROY ALLEN HUTSON
LC No. 23-045904-FC
Michael J. Riordan Presiding Judge Noah P. Hood Randy J. Wallace Judges
ORDER
The motion to waive the filing fees is GRANTED for this case only. The motion for immediate consideration is GRANTED.
The motion for peremptory reversal pursuant to MCR 7.211(C)(4) is DENIED. The trial court did not abuse its discretion when it denied the motion to appoint substitute counsel where appointed appellate counsel failed to "provide[] the court with any basis for her motion" and, thus, "fail[ed] to comply with the court rule." People v McFall, 309 Mich.App. 377, 382-383; 873 N.W.2d 112 (2015).
Pursuant to MCR 7.205(E)(2), in lieu of granting the delayed application for leave to appeal, this matter is REMANDED to the Ottawa Circuit Court for the appointment of substitute appellate counsel and the restarting of the time in which defendant may file his application for leave to appeal. Defendant's appointed appellate counsel's deficient representation deprived defendant of first-tier appellate review by this Court. MCR 6.428; People v Robinson, 503 Mich. 1013, 1013; 925 N.W.2d 832 (2019).
This order has immediate effect. MCR 7.215(F)(2). We do not retain jurisdiction.