People v. Campbell

Michigan Supreme Court

People v. Campbell

876 N.W.2d 818, 499 Mich. 896

Michigan Supreme Court·Decided April 6, 2016·No. No. 152301; Court of Appeals No. 320557·Published·Cited by 4 cases

Opinion

Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we vacate that part of the Court of Appeals opinion stating that the defendant was not entitled to raise a claim of ineffective assistance of appellate counsel. Because defendant’s motion for a new trial was filed during his appeal by right, he was entitled to counsel during the proceeding and entitled to raise a claim of ineffective assistance of counsel on appeal. Douglas v California, 372 US 353; 83 S Ct 814; 9 L Ed 2d 811 (1963). In all other respects, leave to appeal is denied, because we are not persuaded that the remaining questions presented should be reviewed by this Court.

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Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we vacate that part of the Court of Appeals opinion stating that the defendant was not entitled to raise a claim of ineffective assistance of appellate counsel. Because defendant’s motion for a new trial was filed during his appeal by right, he was entitled to counsel during the proceeding and entitled to raise a claim of ineffective assistance of counsel on appeal. Douglas v California, 372 US 353; 83 S Ct 814; 9 L Ed 2d 811 (1963). In all other respects, leave to appeal is denied, because we are not persuaded that the remaining questions presented should be reviewed by this Court.

People v. Campbell, 876 N.W.2d 818, 499 Mich. 896 (Mich. 2016).

Pincite

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Opinion

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