Opinion
363070
10-27-2022
People of Michigan v. Jeffrey Allen McGillviray
LC No. 2021-006023-FH
Amy Ronayne Krause Presiding Judge Stephen L. Borrello Michael F. Gadola Judges
ORDER
On the Court's own motion, the Clerk's Office shall treat defendant's application for leave to appeal as filed within the-deadline set forth in MCR 7.205(A)(2)(a) because appellate counsel's failure to file the application within the deadline constituted ineffective assistance of counsel. People v Means, 480 Mich. 989 (2007); People v McCoy, 480 Mich. 989 (2007); People v Rodgers, 480 Mich. 989 (2007); and People v Kipfer, 480 Mich. 990 (2007). We note that the exceptions provided by MCR 7.205(A)(2)(b) are inapplicable. Particularly, the application was not filed within 42 days after entry of the order appointing appellate counsel or filing of the transcripts.
Attorney Jennifer J. France (P60725) shall pay to the Clerk of this Court costs of $250 within 21 days after the date of this order. This sanction is personal to the attorney and shall not be charged back to the county or the state.