Order Michigan Supreme Court
Lansing, Michigan
June 24, 2014 Robert P. Young, Jr.,
Chief Justice
148313 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: 148313
COA: 315587
Clinton CC: 11-008760-FH
GREGGORY LEE HENDY,
Defendant-Appellant.
_________________________________________/
On order of the Court, it appearing that the defendant’s former appellate counsel is
unavailable to explain the reason for his failure to file on the defendant’s behalf in the
trial court a timely post-judgment motion or to file a timely direct appeal in the Court of
Appeals, the application for leave to appeal the October 29, 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 consideration of the
defendant’s delayed application for leave to appeal under the standard for direct appeals.
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.
June 24, 2014
p0616
Clerk