Opinion
Docket No. 147743. COA No. 308244.
2014-06-18
PEOPLE of the State of Michigan, Plaintiff–Appellee, v. Robert Richard–Howard NELSON, Defendant–Appellant.
Order
On order of the Court, the application for leave to appeal the July 30, 2013 judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral argument on whether to grant the application or take other action. MCR 7.302(H)(1). We ORDER the Bay Circuit Court, in accordance with Administrative Order 2003–03, to determine whether the defendant is indigent and, if so, to appoint attorney Wendy Barnwell, if feasible, to represent the defendant in this Court. If this appointment is not feasible, the trial court shall, within the same time frame, appoint other counsel to represent the defendant in this Court. If the defendant is not indigent, he must retain his own counsel. The parties shall submit supplemental briefs within 42 days of the date of the order appointing counsel, or of the ruling that the defendant is not entitled to appointed counsel, addressing the defendant's claim of ineffective assistance of trial counsel. The parties should not submit mere restatements of their application papers.