Opinion
Docket No. 154181. COA No. 332367.
01-05-2017
PEOPLE of the State of Michigan, Plaintiff–Appellee, v. Jesse Macklamor WILLIAMS, Defendant–Appellant.
Order
On order of the Court, the application for leave to appeal the June 6, 2016 order of the Court of Appeals is 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 April 6, 2016 delayed application for leave to appeal under the standard applicable to direct appeals. The defendant's former appellate attorney failed to timely file in the Court of Appeals, on direct review, a delayed application for leave to appeal within the deadlines set forth in MCR 7.205(G)(3). Because appointed counsel died shortly before the time expired for seeking leave to appeal under MCR 7.205(G), the defendant was constructively denied the assistance of counsel altogether. See Roe v. Flores–Ortega, 528 U.S. 470, 477, 120 S.Ct 1209, 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). The motion to add additional issue and the motion to remand to the trial court are DENIED as moot.
We do not retain jurisdiction.