Order Michigan Supreme Court
Lansing, Michigan
December 23, 2014 Robert P. Young, Jr.,
Chief Justice
149213 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: 149213
COA: 319974
Kent CC: 11-008863-FC
QUINTON MICHAEL GOREE,
Defendant-Appellant.
_____________________________________/
On order of the Court, the application for leave to appeal the March 27, 2014 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 Kent 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 denied the
defendant’s request for the appointment of substitute appellate counsel. On remand,
substitute appellate counsel, once appointed, may file an application for leave to appeal in
the Court of Appeals for consideration under the standard for direct 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 issues raised by the defendant in his motion for
relief from judgment that was filed in 2013.
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.
December 23, 2014
h1217
Clerk