People of Michigan v. Ronald Lee Irwin
This text of People of Michigan v. Ronald Lee Irwin (People of Michigan v. Ronald Lee Irwin) 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.
Opinion
Order Michigan Supreme Court Lansing, Michigan
September 5, 2014 Robert P. Young, Jr., Chief Justice
148308 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: 148308 COA: 315852 Macomb CC: 2012-001975-FH RONALD LEE IRWIN, Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the November 8, 2013 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 Court of Appeals for reconsideration of the defendant’s April 22, 2013 delayed application for leave to appeal under the standard applicable to direct appeals. The defendant’s former appellate attorney failed to timely file in the trial court a motion to withdraw the defendant’s plea, and failed 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). Counsel acknowledged that the defendant did not contribute to the delay in filing and admitted her sole responsibility for missing the deadline. Accordingly, the defendant was deprived of his direct appeal as a result of constitutionally ineffective assistance of counsel. See Roe v Flores-Ortega, 528 US 470, 477; 120 S Ct 1029; 145 L Ed 2d 985 (2000); Peguero v United States, 526 US 23, 28; 119 S Ct 961; 143 L Ed 2d 18 (1999).
Costs are imposed against the attorney, only, in the amount of $250, to be paid to the Clerk of this Court.
We do not retain jurisdiction.
VIVIANO, J., did not participate because he presided over this case in the circuit court.
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 5, 2014 h0825 Clerk
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
People of Michigan v. Ronald Lee Irwin, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-of-michigan-v-ronald-lee-irwin-mich-2014.