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People v. Seekins

Michigan Supreme Court Lansing, Michigan
Apr 25, 2019
925 N.W.2d 825 (Mich. 2019)

Opinion

SC: 155016 COA: 333491

04-25-2019

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Frederick SEEKINS, Defendant-Appellant.


Order

By order of May 1, 2018, the defendant’s appellate counsel was directed to file a supplemental brief. On order of the Court, the brief having been received, the application for leave to appeal the November 9, 2016 order of the Court of Appeals is again considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we REMAND this case to the Court of Appeals for reconsideration of the defendant’s June 17, 2016 application for leave to appeal under the standard applicable to direct appeals. Appellate counsel admits that she did not meet with the defendant until two days after the deadline for filing a delayed application for leave to appeal. Accordingly, 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).

We do not retain jurisdiction.


Summaries of

People v. Seekins

Michigan Supreme Court Lansing, Michigan
Apr 25, 2019
925 N.W.2d 825 (Mich. 2019)
Case details for

People v. Seekins

Case Details

Full title:PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v. FREDERICK SEEKINS…

Court:Michigan Supreme Court Lansing, Michigan

Date published: Apr 25, 2019

Citations

925 N.W.2d 825 (Mich. 2019)