Opinion
SC: 163485 COA: 357021
01-04-2022
PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Monte William ROWE, Defendant-Appellant.
Order
On order of the Court, the application for leave to appeal the July 15, 2021 order of the Court of Appeals is considered. We DIRECT the Oakland County Prosecuting Attorney to answer the application for leave to appeal within 28 days after the date of this order. In particular, the prosecuting attorney shall address: (1) whether the defendant was deprived of his direct appeal as a result of constitutionally ineffective assistance of counsel, see Roe v. Flores-Ortega , 528 U.S. 470, 477, 120 S.Ct. 1029, 145 L.Ed.2d 985 (2000) ; Peguero v. United States , 526 U.S. 23, 28, 119 S.Ct. 961, 143 L.Ed.2d 18 (1999) ; and (2) whether the defendant is entitled to either reinstatement of his direct appeal or an evidentiary hearing pursuant to People v. Ginther , 390 Mich. 436, 212 N.W.2d 922 (1973).
The application for leave to appeal remains pending.