Order Michigan Supreme Court
Lansing, Michigan
September 30, 2015 Robert P. Young, Jr.,
Chief Justice
150692 Stephen J. Markman
Mary Beth Kelly
Brian K. Zahra
Bridget M. McCormack
David F. Viviano
PEOPLE OF THE STATE OF MICHIGAN, Richard H. Bernstein,
Plaintiff-Appellee, Justices
v SC: 150692
COA: 323617
St Joseph CC: 09-015639-FC
MARSHA ANN SPRINGER,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the November 19, 2014
order of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu of
granting leave to appeal, we VACATE in part the St. Joseph Circuit Court order of July
24, 2014 denying the defendant’s motion for relief from judgment. The issue of
entrapment by estoppel was not addressed in the circuit court or by the Court of Appeals
in the defendant’s appeal of right. Therefore, MCR 6.508(D)(2) does not apply. We
REMAND this case to the trial court to hold a hearing on the defendant’s ineffective
assistance of counsel arguments pertaining to the issue of entrapment by estoppel. We
further ORDER the St. Joseph Circuit Court, in accord with Administrative Order 2003-
03, to determine whether the defendant is indigent and, if so, to appoint counsel to
represent the defendant at the hearing. In all other respects, leave to appeal is DENIED,
because the defendant has failed to meet the burden of establishing entitlement to relief
under MCR 6.508(D).
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.
September 30, 2015
p0930
Clerk