Opinion
372144
11-13-2024
PEOPLE OF MICHIGAN v. MICHAEL ANTHONY SIMMONS
LC No. 1996-001350-FC
Michael J. Riordan Presiding Judge, Noah P. Hood, Randy J. Wallace Judges .
ORDER
Michael J. Riordan Presiding Judge
The motion to waive fees is GRANTED for this case only.
The delayed application for leave to appeal is GRANTED, limited to the issues raised in the application. MCR 7.205(E)(4). The time for taking further steps in this appeal runs from the date of the Clerk's certification of this order. MCR 7.205(E)(3). Because the prosecutor failed to file an answer to the application for leave to appeal, the prosecutor must file an appellee's brief in reply to appellant's brief, either within 56 days of the Clerk's certification of this order as directed in MCR 6.509(D), or within the time stated in MCR 7.212(A)(2)(a), whichever is later.
The motion to remand is DENIED for failure to persuade the Court of the necessity of a remand at this time. Denial of remand is without prejudice to a case call panel of this Court determining that remand is necessary once the case is submitted on a session calendar.
On its own motion, the Court REMANDS the matter to the trial court for appointment of appellate counsel to represent defendant in this appeal. MCR 6.505(A). This Court retains jurisdiction.
Riordan, P.J., would deny the delayed application for leave to appeal.