Order Michigan Supreme Court
Lansing, Michigan
June 23, 2010 Marilyn Kelly,
Chief Justice
139699 & (15) 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: 139699
COA: 292610
Macomb CC: 2005-000344-FC
JASON ALEXANDER LAROSE,
Defendant-Appellant.
_________________________________________/
By order of March 29, 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 July 27, 2009 order of the Court of
Appeals is again considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave
to appeal, we REMAND this case to the Court of Appeals. That court shall treat the
defendant's application for leave to appeal as having been timely filed and shall decide
whether to grant, deny, or order other relief, in accordance with MCR 7.205(D)(2). We
conclude that the defendant was deprived of his direct appeal as a result of
constitutionally ineffective assistance of counsel. 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). On the facts of this case, counsel performed
ineffectively by deciding to present motions in the trial court despite knowing that the
deadline for filing such motions had passed at the time that he was retained, and by
failing to timely file defendant’s application for leave to appeal within the deadlines set
forth in MCR 7.205(F). These actions and omissions were the “but-for” cause of
defendant’s lost appeal.
Costs are imposed against the attorney, only, in the amount of $250, to be paid to
the Clerk of this Court.
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.
June 23, 2010 _________________________________________
s0616 Clerk