Order Michigan Supreme Court
Lansing, Michigan
October 23, 2009 Marilyn Kelly,
Chief Justice
139114 & (43)(44) Michael F. Cavanagh
Elizabeth A. Weaver
Maura D. Corrigan
Robert P. Young, Jr.
_________________________________________ Stephen J. Markman
Diane M. Hathaway,
Justices
In re ALEXANDER MITCHELL, NATHAN
MITCHELL, and NICHOLAS MITCHELL,
Minors.
_________________________________________
DEPARTMENT OF HUMAN SERVICES,
Petitioner-Appellee,
v SC: 139114
COA: 286895
Clinton CC Family Division:
06-019136-NA
WILLIAM MITCHELL,
Respondent-Appellant.
_________________________________________/
By order of July 28, 2009, the prosecuting attorney was directed to answer the
application for leave to appeal the March 24, 2009 judgment of the Court of Appeals. On
order of the Court, the answer having been received, the application for leave to appeal is
again considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal,
we REVERSE the judgment of the Court of Appeals for the reasons stated in the Court of
Appeals dissenting opinion and because the trial court committed plain error, People v
Carines, 460 Mich 750, 763 (1999), in failing to timely appoint counsel in violation of
MCL 712A.17c(4) and (5), MCR 3.915(B)(1), MCR 3.965(B)(5), and MCR
3.974(B)(3)(a)(i), and in failing to advise the respondent that his plea could later be used
in a proceeding to terminate his parental rights in violation of MCR 3.917(B)(4).
Accordingly, we REMAND this case to the Clinton Circuit Court Family Division for
further proceedings not inconsistent with this order. The motion to file brief amicus
curiae is GRANTED.
We do not 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.
October 23, 2009 _________________________________________
s1020 Clerk