Opinion
No. 132198.
February 2, 2007.
Appeal from the Court of Appeals No. 272188.
Summary Dispositions February 2, 2007.
Pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we remand this case to the Court of Appeals. The Court of Appeals shall then remand the case to the Van Buren Circuit Court, which shall, in accordance with Administrative Order No. 2003-03, determine whether the defendant is indigent and, if so, appoint counsel to represent the defendant at an evidentiary hearing pursuant to People v Ginther, 390 Mich 436 (1973), to determine whether the failure to timely seek appellate review was caused by the ineffective assistance of counsel. See Roe v Flores-Ortega, 528 US 470 (2000). If the trial court rules that the defendant's appellate counsel was ineffective, the Court of Appeals shall treat the defendant's application as having been timely filed. It shall then grant or deny the application, or otherwise exercise its authority under MCR 7.216(A)(7).