From Casetext: Smarter Legal Research

People v. Smith

Court of Appeals of Michigan
Nov 16, 2023
No. 366923 (Mich. Ct. App. Nov. 16, 2023)

Opinion

366923

11-16-2023

People of Michigan v. Eddie Lee Smith


LC No. 10-012837-FC; 10-012838-FC

Christopher P. Yates, Presiding Judge Mark T. Boonstra, James Robert Redford, Judges

ORDER

The motion to waive fees is GRANTED for this case only.

The application for leave to appeal is GRANTED, limited to the issue whether defendant is entitled to be removed from the sex offender registry. 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.

In all other regards, the application for leave to appeal is DENIED because defendant has failed to establish that the trial court erred in denying the successive motion for relief from judgment. MCR 6.502(G).

On the Court's own motion, this matter is REMANDED to the trial court for the appointment of appellate counsel. This Court retains jurisdiction.


Summaries of

People v. Smith

Court of Appeals of Michigan
Nov 16, 2023
No. 366923 (Mich. Ct. App. Nov. 16, 2023)
Case details for

People v. Smith

Case Details

Full title:People of Michigan v. Eddie Lee Smith

Court:Court of Appeals of Michigan

Date published: Nov 16, 2023

Citations

No. 366923 (Mich. Ct. App. Nov. 16, 2023)