Order Michigan Supreme Court
Lansing, Michigan
July 15, 2010 Marilyn Kelly,
Chief Justice
139592 & (14) Michael F. Cavanagh
Elizabeth A. Weaver
Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman
PEOPLE OF THE STATE OF MICHIGAN, Diane M. Hathaway,
Plaintiff-Appellee, Justices
v SC: 139592
COA: 291605
Wayne CC: 06-010757-FC
CHARLES WOMACK,
Defendant-Appellant.
_________________________________________/
By order of February 26, 2010, the defendant’s former appellate counsel was
directed to file a supplemental brief. On order of the Court, the brief having been
received, the application for leave to appeal the August 6, 2009 order of the Court of
Appeals is again considered. Pursuant to MCR 7.302(H)(1), in lieu of granting leave to
appeal, we REMAND this case to the Wayne Circuit Court, which shall, in accordance
with Administrative Order 2003-03, determine whether the defendant is indigent and, if
so, appoint counsel to represent the defendant at an evidentiary hearing pursuant to
People v Ginther, 390 Mich 436 (1973). The court shall determine whether the failure to
timely seek appellate review on direct appeal was caused by the ineffective assistance of
counsel. See Roe v Flores-Ortega, 528 US 470; 120 S Ct 1029; 145 L Ed 2d 985 (2000).
We note in this regard that counsel was appointed to represent the defendant on direct
appeal nearly six months after sentencing, but did not seek a remand from the Court of
Appeals in order to pursue the claims of plea withdrawal that he brought later in a motion
for relief from judgment. We DIRECT the circuit court to commence the hearing within
56 days of the date of this order. We further ORDER that court to submit a transcript of
the hearing along with its findings of fact and conclusions of law to the Clerk of this
Court within 28 days of the conclusion of the hearing. Within 21 days after the transcript
is filed, the parties may file supplemental briefs with the Clerk of the Supreme Court.
We 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.
July 15, 2010 _________________________________________
y0708 Clerk