Order Michigan Supreme Court
Lansing, Michigan
October 28, 2013 Robert P. Young, Jr.,
Chief Justice
Michael F. Cavanagh
Stephen J. Markman
146136 & (24) Mary Beth Kelly
Brian K. Zahra
Bridget M. McCormack
David F. Viviano,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 146136
COA: 309821
Wayne CC: 09-010589-FC
ANTHONY CRAIG WEST,
Defendant-Appellant.
_________________________________________/
By order of July 30, 2013, the defendant’s former appellate counsel was directed
to file a supplemental brief. On order of the Court, the brief having been received, the
application for leave to appeal the September 19, 2012 order of the Court of Appeals is
again 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 reconsideration of the defendant’s
April 19, 2012 delayed application for leave to appeal under the standard applicable to
direct appeals. The defendant’s former appellate attorney failed to timely file in the trial
court a motion to withdraw the defendant’s plea, and failed to file in the Court of
Appeals, on direct review, a delayed application for leave to appeal within the deadlines
set forth in MCR 7.205(F). Accordingly, the defendant was deprived of his direct appeal
as a result of constitutionally ineffective assistance of appellate counsel. See Roe v
Flores-Ortega, 528 US 470, 477; 120 S Ct 1029; 145 L Ed 2d 985 (2000); Peguero v
United States, 526 US 23, 28; 119 S Ct 961; 143 L Ed 2d 18 (1999).
Costs are imposed against the attorney, only, in the amount of $250, to be paid to
the Clerk of this Court.
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.
October 28, 2013
s1021
Clerk