Order Michigan Supreme Court
Lansing, Michigan
June 27, 2017 Stephen J. Markman,
Chief Justice
Brian K. Zahra
Bridget M. McCormack
153505 David F. Viviano
Richard H. Bernstein
Joan L. Larsen
Kurtis T. Wilder,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 153505
COA: 330907
Oakland CC: 2010-232531-FC
EDDIE BROWN,
Defendant-Appellant.
_________________________________________/
By order of January 31, 2017, the defendant’s former appellate counsel was
directed to file a supplemental brief. By order of February 17, 2017, the Chief Justice
appointed substitute appellate counsel to file a second supplemental brief. On order of
the Court, the briefs having been received, the application for leave to appeal the
February 24, 2016 order of the Court of Appeals is again considered. Pursuant to MCR
7.305(H)(1), in lieu of granting leave to appeal, we REMAND this case to the Oakland
Circuit Court for reissuance of the defendant’s judgment of conviction and sentence. It is
unclear from the record whether the failure to perfect an appeal of right was solely the
fault of the defendant’s trial counsel, who promised in open court to file the necessary
paperwork to begin the appellate process, but failed to fulfill that promise, 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), or whether trial
counsel filed the paperwork and the trial court failed to process it. Regardless, it is clear
that the failure to perfect an appeal of right is not attributable to the defendant.
We further ORDER the Oakland Circuit Court, in accordance with Administrative
Order 2003-03, to determine whether the defendant is indigent and, if so, to appoint
counsel to represent the defendant in the Court of Appeals.
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.
June 27, 2017
s0619
Clerk