Order Michigan Supreme Court
Lansing, Michigan
November 22, 2010 Marilyn Kelly,
Chief Justice
Michael F. Cavanagh
Maura D. Corrigan
141716 & (18) Robert P. Young, Jr.
Stephen J. Markman
Diane M. Hathaway
PEOPLE OF THE STATE OF MICHIGAN, Alton Thomas Davis,
Plaintiff-Appellee, Justices
v SC: 141716
COA: 298130
Oakland CC: 2008-222486-FH
GACOLBY TARSHAR MOORE,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the July 13, 2010 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 Oakland 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 Oakland
Circuit Court erred in failing to timely appoint appellate counsel. This delay, in turn, led
the defendant to seek appellate relief in the Court of Appeals beyond the 12-month
deadline in MCR 7.205(F)(3). We further note that on July 14, 2010, the circuit court
entered an order granting appointed counsel’s motion to withdraw and also granting the
appointment of substitute counsel, but there is no indication that substitute counsel was in
fact appointed. Once appointed, substitute counsel may file an application for leave to
appeal in the Court of Appeals, and/or any appropriate postconviction motions in the trial
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 issue
raised by the defendant in his application for leave to appeal in this Court. In all other
respects, the application for leave to appeal and the motion to remand are DENIED,
because we are not persuaded that the 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.
November 22, 2010 _________________________________________
d1115 Clerk