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.