People of Michigan v. Joie Rayshawn Bell

• Court: Michigan Supreme Court
• Decided: November 4, 2020
• Docket: 161495
• Status: Published

Opinion

Order Michigan Supreme Court Lansing, Michigan

November 4, 2020 Bridget M. McCormack, Chief Justice

161495 David F. Viviano, Chief Justice Pro Tem

Stephen J. Markman Brian K. Zahra PEOPLE OF THE STATE OF MICHIGAN, Richard H. Bernstein Plaintiff-Appellee, Elizabeth T. Clement Megan K. Cavanagh, Justices v SC: 161495 COA: 352605 Wayne CC: 10-013057-FC JOIE RAYSHAWN BELL, Defendant-Appellant.

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On order of the Court, the application for leave to appeal the April 17, 2020 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 Wayne Circuit Court to determine whether the defendant is indigent and, if so, to appoint counsel to represent the defendant at an evidentiary hearing pursuant to People v Ginther, 390 Mich 436 (1973). The circuit court shall determine whether the defendant’s former appellate counsel rendered ineffective assistance on direct appeal. If it is determined that appellate counsel was ineffective, the defendant shall be entitled to the assistance of appointed counsel to pursue a motion for relief from judgment pursuant to MCR subchapter 6.500. In all other respects, leave to appeal is DENIED, because we are not persuaded that the remaining question presented should be reviewed by this Court.

We do not retain jurisdiction.

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. November 4, 2020 t1028 Clerk