People v. Horton

871 N.W.2d 708, 498 Mich. 932, 2015 Mich. LEXIS 2783

• Court: Michigan Supreme Court
• Decided: December 9, 2015
• Docket: 150815; Court of Appeals 324071
• Status: Published

Opinion

The parties shall include among the issues to be briefed: (1) whether the defendant’s unconditional no contest plea waived his claim of ineffective assistance of trial counsel based on trial counsel’s failure to make a motion to dismiss for a 180-day rule violation, MCL 780.131 and 780.133, in light of People v Lown, 488 Mich 242, 267-270 (2011), or for constitutional speedy trial violations; (2) whether the defendant’s unconditional no contest plea waived his claim of ineffective assistance of trial counsel for trial counsel's failure to inform the defendant that an unconditional no contest plea would waive his right to appeal on the basis of a 180-day rule violation or constitutional speedy trial violations; and (3) whether trial counsel’s failure to inform the defendant that his unconditional no contest plea would waive his right to appeal on the basis of a 180-day rule violation and constitutional speedy trial violation made defendant’s plea unknowing and involuntary. We further order the Oakland Circuit Court, in accordance with Administrative Order 2003-OS, to determine whether the defendant is indigent and, if so, to appoint the State Appellate Defender Office to represent the defendant in this Court.

The Criminal Defense Attorneys of Michigan and the Prosecuting Attorneys Association of Michigan are invited to file briefs amicus curiae. Other persons or groups interested in the determination of the issues presented in this case may move the Court for permission to file briefs amicus curiae.