Order Michigan Supreme Court
Lansing, Michigan
December 11, 2009 Marilyn Kelly,
Chief Justice
139413 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: 139413
COA: 283954
Ingham CC: 07-000500-FH
LEDELL MARVIN MUSHATT,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the June 23, 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 ORDER the Ingham Circuit Court, utilizing a procedure analogous to
that described in Administrative Order 2003-03, to determine whether the defendant is
indigent and, if so, to appoint attorney Michael A. Faraone, if feasible, to represent the
defendant in this Court. If the defendant is not indigent, he must retain his own counsel.
At oral argument, the parties shall address whether offense variable 3 was scored in
accordance with People v McGraw, 484 Mich 120 (2009). The parties may file
supplemental briefs within 42 days of the appointment of appellate defense 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.
December 11, 2009 _________________________________________
1208 Clerk
People of Michigan v. Ledell Marvin Mushatt
Combined Opinion