People of Michigan v. Adrian Ryanen Swain

• Court: Michigan Supreme Court
• Decided: June 21, 2006
• Docket: 130627
• Status: Published

Opinion

Order Michigan Supreme Court Lansing, Michigan

June 21, 2006 Clifford W. Taylor, Chief Justice

Michael F. Cavanagh 130627 Elizabeth A. Weaver Marilyn Kelly Maura D. Corrigan Robert P. Young, Jr. Stephen J. Markman, PEOPLE OF THE STATE OF MICHIGAN, Justices Plaintiff-Appellee, v SC: 130627 COA: 264522 Ottawa CC: 04-028191-FC, ADRIAN RYANEN SWAIN, 04-028175-FC Defendant-Appellant.

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On order of the Court, the application for leave to appeal the January 10, 2006 order of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we REMAND this case to the Ottawa Circuit Court for a determination of whether defendant is indigent and, if so, for the appointment of appellate counsel, in light of Halbert v Michigan, 545 US ___; 125 S Ct 2582; 162 L Ed 2d 552 (2005). Appointed counsel may file an application for leave to appeal with the Court of Appeals, and/or any appropriate postconviction motions in the trial court, within twelve months of the date of the circuit court’s order appointing counsel. See MCR 7.205(F)(3), MCR 6.311, and MCR 6.429. Counsel may include among the issues raised, but is not required to include, those issues raised by defendant in his application for leave to appeal to this Court. In all other respects, leave to appeal is DENIED, because we are not persuaded that the questions presented should now be reviewed by this Court.

We do not retain jurisdiction.

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court. June 21, 2006 _________________________________________ d0614 Clerk