People of Michigan v. David Roark

Order Michigan Supreme Court Lansing, Michigan November 19, 2014 Robert P. Young, Jr., Chief Justice 148056 & (21) Michael F. Cavanagh Stephen J. Markman PEOPLE OF THE STATE OF MICHIGAN, Mary Beth Kelly Brian K. Zahra Plaintiff-Appellee, Bridget M. McCormack David F. Viviano, v SC: 148056 Justices COA: 316467 Wayne CC: 08-009312-FC DAVID ROARK, Defendant-Appellant. _________________________________________/ By order of February 28, 2014, the defendant’s previously appointed 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 October 25, 2013 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 consideration of the defendant’s May 29, 2013 delayed application for leave to appeal as on leave granted. Because the defendant waited more than five months before filing an untimely request for the appointment of appellate counsel, the defendant is not entitled to review under the standard applicable to direct appeals. However, the defendant’s previously appointed appellate attorney failed to comply with Administrative Order 2004-6, Minimum Standards for Indigent Criminal Appellate Defense Services, Standard 5. Counsel did not seek to withdraw pursuant to Anders v California, 386 US 738; 87 S Ct 1396; 18 L Ed 2d 493 (1967). Therefore costs are imposed against the attorney, only, in the amount of $1,000 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. November 19, 2014 t1112 Clerk