People v. Cobb

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