People of Michigan v. Rodell Brown

Order Michigan Supreme Court Lansing, Michigan May 28, 2013 Robert P. Young, Jr., Chief Justice Michael F. Cavanagh Stephen J. Markman 146614 Mary Beth Kelly Brian K. Zahra Bridget M. McCormack David F. Viviano, PEOPLE OF THE STATE OF MICHIGAN, Justices Plaintiff-Appellee, v SC: 146614 COA: 309499 Wayne CC: 10-010344-FH RODELL BROWN, Defendant-Appellant. _________________________________________/ On order of the Court, the application for leave to appeal the December 6, 2012 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. That court shall treat the defendant’s claim of appeal, filed in Docket No. 307163, as having been timely filed and shall reinstate the appeal. The defendant’s attorney acknowledges that the defendant did not contribute to the delay in filing and admits his sole responsibility for the error. Accordingly, the defendant was deprived of his appeal of right as a result of constitutionally ineffective assistance of 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. May 28, 2013 s0520 Clerk