Summary
In People v. Russell, 469 Mich. 1044, 679 N.W.2d 70 (2004), this Court denied leave to appeal "without prejudice to defendant's refiling... his motion for relief from judgment, accompanied by a request, pursuant to MCR 6.433(C)(3), for an order directing transcription of the plea proceeding that the record indicates was conducted on January 22, 1993."
Summary of this case from People v. HamielOpinion
No. 124678.
April 15, 2004.
Leave to Appeal Denied.
No. 124678. Leave to appeal is denied without prejudice to defendant's refiling, within 28 days, his motion for relief from judgment, accompanied by a request, pursuant to MCR 6.433(C)(3), for an order directing transcription of the plea proceeding that the record indicates was conducted on January 22, 1993. Defendant's limited mental abilities and his claim that he was not privy to the plea agreement would appear to support a finding of good cause to direct preparation of the transcript, if possible. Court of Appeals No. 249361.
CORRIGAN, C.J. I would deny leave to appeal without the further statement found in the majority's order.