Opinion
No. 127654.
September 21, 2005.
Summary Disposition.
SC: 127654, COA: 257494.
Pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we remand this case to the Delta Circuit Court for a determination whether defendant is indigent and, if so, for the appointment of appellate counsel, in light of Halbert v. Michigan, 545 US ___; 125 S Ct 2582; 162 L Ed 2d 552 (2005), Appointed counsel may file an application for leave to appeal with the Court of Appeals, and/or any appropriate postconviction motions in the trial court, within 12 months of the date of the circuit court's order appointing counsel, in accordance with the deadlines in effect at the time defendant was denied counsel. See MCR 6.311, 6.429, and 7.205(F)(3). Counsel may, but is not required to, include those issues defendant, raised in his application for leave to appeal to this Court. In all other respects, leave to appeal is denied. We do not retain jurisdiction.
CORRIGAN, J. I would deny leave to appeal.