Order Michigan Supreme Court
Lansing, Michigan
December 10, 2008 Clifford W. Taylor,
Chief Justice
137011 & (19) Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
Robert P. Young, Jr.
PEOPLE OF THE STATE OF MICHIGAN, Stephen J. Markman,
Plaintiff-Appellee, Justices
v SC: 137011
COA: 282046
Otsego CC: 07-003753-FH
JAMES JOSEPH PLATTE, JR.,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the July 2, 2008 order of
the Court of Appeals is considered, and it is DENIED, because we are not persuaded that
the question presented should be reviewed by this Court. The motion to remand is
DENIED as moot.
KELLY, J. (dissenting).
I would grant leave to appeal. Appellate counsel concededly missed the deadlines
for filing a motion for a new trial and for a claim of appeal. Counsel also failed to file a
motion for a stay or to remand in the Court of Appeals. When counsel filed an
application for leave to appeal, it was denied. The Court should reexamine its practice of
requiring a defendant to show prejudice in order to have an appeal as of right if counsel
has been ineffective, as here. People v Pickens, 446 Mich 298 (1994).
Finally, I would grant leave to appeal in this case for the reasons stated in my
dissent in People v Conway, 474 Mich 1140 (2006).
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 10, 2008 _________________________________________
1203 Clerk