People v. Anthony Springer

Michigan Supreme Court

People v. Anthony Springer

870 N.W.2d 579, 498 Mich. 908, 2015 Mich. LEXIS 2561, 2015 WL 6684999

CourtMichigan Supreme Court

DecidedOctober 29, 2015

Docket150645; Court of Appeals 323616

StatusPublished

This text of 870 N.W.2d 579 (People v. Anthony Springer) 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 v. Anthony Springer, 870 N.W.2d 579, 498 Mich. 908, 2015 Mich. LEXIS 2561, 2015 WL 6684999 (Mich. 2015).

Pincite

Opinion

On the Court’s own motion, we vacate our order of July 28, 2015. On order of the Court, the application for leave to appeal the October 27, 2014 order of the Court of Appeals is again considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we vacate in part the St. Joseph Circuit Court order of July 24, 2014 denying the defendant’s motion for relief from judgment. The issue of entrapment by estoppel was not addressed in the circuit court or by the Court of Appeals in the defendant’s appeal of right. Therefore, MCR 6.508(D)(2) does not apply. We remand this case to the trial court to hold a hearing on the defendant’s ineffective assistance of counsel arguments pertaining to the issue of entrapment by estoppel. We further order the St. Joseph Circuit Court, in accord with Administrative Order 2003-03, to determine whether the defendant is indigent and, if so, to appoint counsel to represent the defendant at the hearing. In all other respects, leave to appeal is denied, because the defendant has failed to meet the burden of establishing entitlement to relief under MCR 6.508(D).

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On the Court’s own motion, we vacate our order of July 28, 2015. On order of the Court, the application for leave to appeal the October 27, 2014 order of the Court of Appeals is again considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we vacate in part the St. Joseph Circuit Court order of July 24, 2014 denying the defendant’s motion for relief from judgment. The issue of entrapment by estoppel was not addressed in the circuit court or by the Court of Appeals in the defendant’s appeal of right. Therefore, MCR 6.508(D)(2) does not apply. We remand this case to the trial court to hold a hearing on the defendant’s ineffective assistance of counsel arguments pertaining to the issue of entrapment by estoppel. We further order the St. Joseph Circuit Court, in accord with Administrative Order 2003-03, to determine whether the defendant is indigent and, if so, to appoint counsel to represent the defendant at the hearing. In all other respects, leave to appeal is denied, because the defendant has failed to meet the burden of establishing entitlement to relief under MCR 6.508(D).

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Bluebook (online)

870 N.W.2d 579, 498 Mich. 908, 2015 Mich. LEXIS 2561, 2015 WL 6684999, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-anthony-springer-mich-2015.