Order Michigan Supreme Court
Lansing, Michigan
May 23, 2008 Clifford W. Taylor,
Chief Justice
Michael F. Cavanagh
135483 & (20) Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 135483
COA: 278973
Wayne CC: 05-011055
CHRISTOPHER COBB,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the September 7, 2007
order of the Court of Appeals and the defendant’s motion to remand are considered.
Pursuant to MCR 7.302(G)(1), and given the particular facts of this case, in lieu of
granting leave to appeal, we REMAND this case to the Court of Appeals. On remand,
that court shall treat the defendant’s delayed application for leave to appeal as having
been filed within the deadline set forth in MCR 7.205(F) and shall decide whether to
grant, deny, or order other relief, in accordance with MCR 7.205(D)(2).
CORRIGAN, J., would direct appellate counsel, Susan K. Walsh, to file a
supplemental brief addressing the reasons for her failure to file the defendant’s delayed
application for leave to appeal in the Court of Appeals within the deadline set forth in
MCR 7.205(F), which led to the administrative dismissal of the application on
jurisdictional grounds.
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.
May 23, 2008 _________________________________________
d0520 Clerk