Order Michigan Supreme Court
Lansing, Michigan
June 24, 2014 Robert P. Young, Jr.,
Chief Justice
148486 & (18) 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: 148486
COA: 318666
Calhoun CC: 2007-001511-FC
STEVEN GILLIARD,
Defendant-Appellant.
_________________________________________/
By order of April 28, 2014, the prosecuting attorney was directed to answer the
application for leave to appeal the December 20, 2013 order of the Court of Appeals. On
order of the Court, the answer having been received, the application for leave to appeal is
again considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal,
we REMAND this case to the Calhoun Circuit Court for the appointment of substitute
appellate counsel, in light of Halbert v Michigan, 545 US 605; 125 S Ct 2582; 162 L Ed
2d 552 (2005). Based on our review of the record, the circuit court granted original
appointed appellate counsel’s motion to withdraw, but failed to appoint substitute
appellate counsel until after the then effective 12-month deadline to file a direct appeal
had expired. See MCR 7.205(F). On remand, substitute appellate counsel, once
appointed, may file an application for leave to appeal in the Court of Appeals, and/or any
appropriate postconviction motions in the circuit court, within six months of the date of
the circuit court’s order appointing counsel. Counsel may include among the issues
raised, but is not required to include, the issue raised by the defendant in his motion for
relief from judgment that was filed in 2009.
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.
June 24, 2014
p0616
Clerk