People of Michigan v. Robert Neal Bisgeier

Opinion

Order Michigan Supreme Court Lansing, Michigan

October 4, 2006 Clifford W. Taylor, Chief Justice

131191 Michael F. Cavanagh Elizabeth A. Weaver Marilyn Kelly Maura D. Corrigan PEOPLE OF THE STATE OF MICHIGAN, Robert P. Young, Jr. Plaintiff-Appellee, Stephen J. Markman, Justices

v SC: 131191 COA: 266882 Oakland CC: 2003-191040-FH ROBERT NEAL BISGEIER, Defendant-Appellant. _________________________________________/

On order of the Court, the application for leave to appeal the January 18, 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 Court of Appeals. The Court of Appeals shall then remand the case to the Oakland Circuit Court to conduct an evidentiary hearing pursuant to People v Ginther, 390 Mich 436 (1973), on the defendant’s claim that the failure to timely seek appellate review was caused by ineffective assistance of counsel. If the trial court finds in favor of the defendant’s claim, the Court of Appeals shall treat the defendant’s application as having been timely filed. It shall then either grant or deny the application.

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. October 4, 2006 _________________________________________ 0927 Clerk