Order Michigan Supreme Court
Lansing, Michigan
March 29, 2016 Robert P. Young, Jr.,
Chief Justice
Stephen J. Markman
Brian K. Zahra
151402 Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
Joan L. Larsen,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 151402
COA: 324521
Wayne CC: 08-004732-FH
PHILLIP L. HOGANS,
Defendant-Appellant.
_____________________________________/
On order of the Court, the application for leave to appeal the March 12, 2015 order
of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu of
granting leave to appeal, we REMAND this case to the Court of Appeals for
reconsideration of the defendant’s November 7, 2014 delayed application for leave to
appeal under the standard applicable to direct appeals. Counsel was timely requested and
appointed on direct review, but waited until only two months remained before expiration
of the time for seeking leave to appeal, MCR 7.205(F), before moving to withdraw for
lack of appealable issues, without following the proper procedure under Anders v
California, 386 US 738; 87 S Ct 1396; 18 L Ed 2d 493 (1967). Counsel was permitted to
withdraw with approximately one month left in the direct review period. New counsel
did raise issues on the defendant’s behalf; however, new counsel was not appointed until
after the deadline. Accordingly, whether from ineffective assistance of counsel or delays
in the trial court, the defendant was deprived of his direct appeal. 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).
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.
March 29, 2016
a0321
Clerk