Order Michigan Supreme Court
Lansing, Michigan
April 6, 2011 Robert P. Young, Jr.,
Chief Justice
141610 & (18) Michael F. Cavanagh
Marilyn Kelly
Stephen J. Markman
Diane M. Hathaway
PEOPLE OF THE STATE OF MICHIGAN, Mary Beth Kelly
Plaintiff-Appellee, Brian K. Zahra,
Justices
v SC: 141610
COA: 298269
Hillsdale CC: 09-331957-FH
ADAM LEE DARR,
Defendant-Appellant.
_________________________________________/
By order of January 13, 2011, the prosecuting attorney was directed to answer the
application for leave to appeal the July 9, 2010 order of the Court of Appeals. On order
of the Court, the answer having been received, and the defendant’s reply thereto also
having been received, the application for leave to appeal is again considered and,
pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we VACATE the Court
of Appeals order denying leave to appeal, REVERSE the Hillsdale Circuit Court’s order
denying the defendant’s appellate counsel’s motion to withdraw, and REMAND this case
to the Hillsdale Circuit Court with instructions to appoint new appellate counsel to
represent the defendant in pursuing post-sentencing and/or appellate relief. The trial
court erred in denying the motion to withdraw because the defendant’s appointed
appellate counsel informed the court that the defendant’s confidential disclosures to her
placed her in an irreconcilable conflict of interest, the details of which she could not
disclose without violating that confidence, which was a sufficient ground for permitting
her to withdraw. Appointed counsel may file an application for leave to appeal to the
Court of Appeals, and/or may file any appropriate postconviction motions in the circuit
court, in accordance with MCR 7.205(F), MCR 6.310(C), and MCR 6.429, except that
the time for filing shall be determined based on the date of the circuit court’s order
appointing counsel. Counsel may include among the issues raised, but is not required to
include, those issues raised in the defendant’s application for leave to appeal to this
Court. In all other respects, leave to appeal is DENIED, because we are not persuaded
that the remaining questions presented should now be reviewed by this Court.
We do not retain jurisdiction.
I, Corbin R. Davis, 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.
April 6, 2011 _________________________________________
p0330 Clerk