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