Order Michigan Supreme Court
Lansing, Michigan
January 22, 2010 Marilyn Kelly,
Chief Justice
139540 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: 139540
COA: 285402
Oakland CC: 2007-215779-FH
BERNARD WILLIAM KADE,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the July 7, 2009
judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral
argument on whether to grant the application or take other peremptory action. MCR
7.302(H)(1). We further ORDER the Oakland Circuit Court, in accordance with
Administrative Order 2003-03, to determine whether the defendant is indigent and, if so,
to appoint Dana B. Carron, if feasible, to represent the defendant in this Court. If this
appointment is not feasible, the trial court shall, within the same time frame, appoint
other counsel to represent the defendant in this Court. At oral argument, the parties shall
address the question whether the defendant is entitled to withdraw his plea because he
was not advised of the maximum possible sentence as enhanced by his habitual offender
status. The parties shall file supplemental briefs within 42 days following the
appointment of counsel, but they should not submit mere restatements of their application
papers.
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.
January 22, 2010 _________________________________________
0114 Clerk