People of Michigan v. John Adam Dyer

Michigan Supreme Court

People of Michigan v. John Adam Dyer

DecidedSeptember 19, 2014

Docket148861

StatusPublished

This text of People of Michigan v. John Adam Dyer (People of Michigan v. John Adam Dyer) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People of Michigan v. John Adam Dyer, (Mich. 2014).

Pincite

Opinion

Order Michigan Supreme Court Lansing, Michigan

September 19, 2014 Robert P. Young, Jr., Chief Justice

148861 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: 148861 COA: 318589 Lapeer CC: 12-011204-FH JOHN ADAM DYER, Defendant-Appellant.

____________________________________/

On order of the Court, the application for leave to appeal the January 9, 2014 order of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we REMAND this case to the Lapeer Circuit Court to permit defendant to withdraw his plea. MCR 6.310(A) provides a defendant the unqualified right to withdraw a plea that has not been accepted on the record. At no time prior to sentencing did the trial court accept defendant’s plea on the record. Further, we REMAND this case to the Lapeer Circuit Court for correction of the judgment of sentence. In particular, if defendant chooses not to withdraw his plea of guilty, it appears that there was a $350 overpayment to defendant’s trial counsel based on this Court’s review of the November 30, 2012 and March 8, 2013 trial court orders authorizing payment of attorney’s fees. However, if defendant withdraws his plea, imposition of attorney fees is not appropriate at this time. A court may not impose upon defendant the expenses of providing his legal assistance until defendant is found guilty, enters a plea of guilty, or enters a plea of nolo contendere. MCL 769.1k(1)(b)(iii).

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. September 19, 2014 h0916 Clerk

Free access — add to your briefcase to read the full text and ask questions with AI

Order Michigan Supreme Court Lansing, Michigan

September 19, 2014 Robert P. Young, Jr., Chief Justice

148861 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: 148861 COA: 318589 Lapeer CC: 12-011204-FH JOHN ADAM DYER, Defendant-Appellant.

____________________________________/

On order of the Court, the application for leave to appeal the January 9, 2014 order of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we REMAND this case to the Lapeer Circuit Court to permit defendant to withdraw his plea. MCR 6.310(A) provides a defendant the unqualified right to withdraw a plea that has not been accepted on the record. At no time prior to sentencing did the trial court accept defendant’s plea on the record. Further, we REMAND this case to the Lapeer Circuit Court for correction of the judgment of sentence. In particular, if defendant chooses not to withdraw his plea of guilty, it appears that there was a $350 overpayment to defendant’s trial counsel based on this Court’s review of the November 30, 2012 and March 8, 2013 trial court orders authorizing payment of attorney’s fees. However, if defendant withdraws his plea, imposition of attorney fees is not appropriate at this time. A court may not impose upon defendant the expenses of providing his legal assistance until defendant is found guilty, enters a plea of guilty, or enters a plea of nolo contendere. MCL 769.1k(1)(b)(iii).

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. September 19, 2014 h0916 Clerk

Cite This Page — Counsel Stack

Bluebook (online)

People of Michigan v. John Adam Dyer, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-of-michigan-v-john-adam-dyer-mich-2014.