Opinion
No. 127154.
July 21, 2005.
Summary Disposition.
SC: 127154, COA: 255864.
In lieu of granting leave to appeal, the case is remanded to the Court of Appeals for consideration as on leave granted. MCR 7.302(G)(1). The Court of Appeals shall, while retaining jurisdiction, remand this case to the Saginaw Circuit Court for the appointment of appellate counsel pursuant to Halbert v. Michigan, ___ US ___; 125 S Ct 2582; 162 L Ed 2d 552 (2005). Appointed counsel may file a supplemental application for leave to appeal with the Court of Appeals within 56 days of the date of the Circuit Court's appointment order. Jurisdiction is not retained.
KELLY, J. ( concurring). While I concur with the order, in addition I would direct counsel to address the claim that OV 9 was misscored.