Opinion
SC: 164050 COA: 353302
05-27-2022
PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Dwight T. SAMUELS, Defendant-Appellant.
Order
On order of the Court, the application for leave to appeal the December 28, 2021 judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral argument on the application. MCR 7.305(H)(1). The parties shall address: (1) whether a trial court is required to hold an evidentiary hearing on the voluntariness of a guilty plea that is induced in part by an offer of leniency to a relative, see People v. James , 393 Mich. 807, 225 N.W.2d 520 (1975) ; and if so, (2) how a trial court is to determine whether an offer of leniency to a relative "rendered the defendant's plea involuntary in fact." Id.
The motion to appoint counsel is GRANTED. We ORDER the Wayne Circuit Court, in accordance with Administrative Order 2003-03, to determine whether the defendant is indigent and, if so, to appoint the State Appellate Defender Office to represent the defendant in this Court.
The Prosecuting Attorneys Association of Michigan and the Criminal Defense Attorneys of Michigan are invited to file briefs amicus curiae. Other persons or groups interested in the determination of the issues presented in this case may move the Court for permission to file briefs amicus curiae.