Opinion
No. 139413.
December 11, 2009.
Appeal from the Court of Appeals No. 283954.
Orders Granting Oral Argument on Cases Pending on Application for Leave to Appeal.
We direct the clerk to schedule oral argument on whether to grant the application or take other peremptory action. MCR 7.302(H)(1). We order the Ingham Circuit Court, utilizing a procedure analogous to that described in Administrative Order 2003-03, to determine whether the defendant is indigent and, if so, to appoint attorney Michael A. Faraone, if feasible, to represent the defendant in this Court. If the defendant is not indigent, he must retain his own counsel. At oral argument, the parties shall address whether offense variable 3 was scored in accordance with People v McGraw, 484 Mich 120 (2009). The parties may file supplemental briefs within 42 days of the appointment of appellate defense counsel, but they should not submit mere restatements of their application papers.