Order Michigan Supreme Court
Lansing, Michigan
March 24, 2010 Marilyn Kelly,
Chief Justice
139076 & (27) 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: 139076
COA: 290120
Macomb CC: 2003-002729-FC
CLIFFORD GOODMAN,
Defendant-Appellant.
_________________________________________/
By order of December 21, 2009, 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 May 12, 2009 order of the Court of
Appeals is again considered, and it is DENIED. The defendant’s attorney acknowledges
that the delay in filing the defendant’s May 23, 2005 application for leave to appeal in
COA No. 262929 was due to the attorney’s erroneous calculation of the appellate filing
deadline, and he admits his sole responsibility for the error. Accordingly, the defendant
had been 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).
For purposes of MCR 6.502(G)(1), the Court notes that the defendant’s January 30, 2009
application for leave to appeal was properly denied under the standard applicable to
direct appeals.
Costs are imposed against attorney Joseph L. Stewart, 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.
March 24, 2010 _________________________________________
y0317 Clerk