People of Michigan v. David Roark

Opinion

Order Michigan Supreme Court Lansing, Michigan

February 28, 2014 Robert P. Young, Jr., Chief Justice

148056 Michael F. Cavanagh Stephen J. Markman Mary Beth Kelly Brian K. Zahra Bridget M. McCormack PEOPLE OF THE STATE OF MICHIGAN, David F. Viviano, Plaintiff-Appellee, Justices

v SC: 148056 COA: 316467 Wayne CC: 08-009312-FC DAVID ROARK, Defendant-Appellant.

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On order of the Court, the application for leave to appeal the October 25, 2013 order of the Court of Appeals is considered. We DIRECT appellate counsel, Paul Stablein, to file a supplemental brief addressing the reason(s) for his failure to file in the trial court a timely motion to withdraw the defendant’s plea, and/or his failure to 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(F), despite being appointed as counsel on May 7, 2009. Counsel shall file the supplemental brief within 28 days of the date of this order.

The application for leave to appeal remains pending.

I, Larry S. Royster, 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. February 28, 2014 t0224 Clerk