Order Michigan Supreme Court
Lansing, Michigan
October 6, 2010 Marilyn Kelly,
Chief Justice
140641 & (16) Michael F. Cavanagh
Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman
Diane M. Hathaway
PEOPLE OF THE STATE OF MICHIGAN, Alton Thomas Davis,
Plaintiff-Appellee, Justices
v SC: 140641
COA: 294318
Wayne CC: 93-004008
ROGER CARLOS RAY,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the January 6, 2010 order
of the Court of Appeals is considered, and it is DENIED. The motion to remand is also
DENIED. The defendant’s motion for reissuance of judgment was predicated on MCR
6.428, which has no application to the facts of this case. The defendant fails to establish
that this rule applies retroactively to his 1993 judgment of sentence. In any event, by its
plain terms, MCR 6.428 applies only “[i]f the defendant did not appeal within the time
allowed by MCR 7.204(A)(2),” and the rule is otherwise directed exclusively at
perfecting a timely appeal of right. The defendant did, in fact, appeal within the time
allowed by MCR 7.204(A)(2)(a) because he timely requested the appointment of
appellate counsel, and a claim of appeal/order appointing counsel was issued by the
circuit court, as contemplated by MCR 6.425(G)(3). Entry of such an order “constitutes a
timely filed claim of appeal for the purposes of MCR 7.204,” MCR 6.425(G)(3), as it did
under the court rules in effect in 1993.
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.
October 6, 2010 _________________________________________
y0929 Clerk