Opinion
No. 132560.
February 27, 2007.
Appeal from the Court of Appeals No. 270289.
Summary Dispositions February 27, 2007.
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 of whether the defendant is indigent and, if so, for the appointment of appellate counsel, in light of Halbert v Michigan, 545 US 605 (2005). Appointed counsel may file an application for leave to appeal to 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, as, at the time the defendant was denied counsel, he was entitled to file pleadings within 12 months of sentencing rather than six. See the former versions of MCR 7.205(F)(3), MCR 6.311, and MCR 6.429. Counsel may include among the issues raised, but is not required to include, those issues raised by the defendant in his application for leave to appeal to this Court. In all other respects, leave to appeal is denied, because we are not persuaded that the remaining questions presented should now be reviewed by this Court. We do not retain jurisdiction.