Order Michigan Supreme Court
Lansing, Michigan
July 29, 2014 Robert P. Young, Jr.,
Chief Justice
Michael F. Cavanagh
Stephen J. Markman
148687 Mary Beth Kelly
Brian K. Zahra
Bridget M. McCormack
David F. Viviano,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 148687
COA: 316045
Macomb CC: 2011-000807-FH
NICHOLAS TYRONE ANTHONY,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the December 17, 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 Macomb Circuit Court for further
proceedings consistent with this order. Appointed counsel may file an application for
leave to appeal the defendant’s January 5, 2012 plea-based conviction to the Court of
Appeals, as well as any necessary or appropriate postconviction motions in the trial court,
within six months of the date of this order. If a postconviction motion is filed in the trial
court, counsel may file an application for leave to appeal to the Court of Appeals within
six months of the order disposing of that motion. The defendant, through no fault of his
own, was deprived of the opportunity to have appointed appellate counsel file a timely
motion to withdraw the plea and application for leave to appeal, due to the trial court’s
failure to timely respond to the defendant’s March 3, 2012 request for counsel pursuant to
MCR 6.425(G)(1)(a); due to clerical errors in the April 24, 2012 order appointing
appellate counsel; and/or due to appellate counsel’s oversights. See Halbert v Michigan,
545 US 605; 125 S Ct 2582; 162 L Ed 2d 552 (2005); Roe v Flores-Ortega, 528 US 470,
477; 120 S Ct 1029; 145 L Ed 2d 985 (2000); and Peguero v United States, 526 US 23,
28; 119 S Ct 961; 143 L Ed 2d 18 (1999).
We do not retain jurisdiction.
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.
July 29, 2014
s0721
Clerk