Order Michigan Supreme Court
Lansing, Michigan
December 20, 2007 Clifford W. Taylor,
Chief Justice
Michael F. Cavanagh
134040 & (16) Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
Robert P. Young, Jr.
PEOPLE OF THE STATE OF MICHIGAN, Stephen J. Markman,
Justices
Plaintiff-Appellee,
v SC: 134040
COA: 277412
Saginaw CC: 05-026362-FH
ARTHUR LAMAR RODGERS,
Defendant-Appellant.
_________________________________________/
By order of September 10, 2007, the defendant’s appellate counsel was directed to
file a supplemental brief. On order of the Court, the brief having been received, the
application for leave to appeal the April 26, 2007 order of the Court of Appeals is again
considered and, pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we
REMAND this case to the Court of Appeals. That court shall treat the defendant’s
delayed application for leave to appeal as having been timely filed and shall decide
whether to grant, deny, or order other relief, in accordance with MCR 7.205(D)(2). The
defendant was deprived of his direct appeal as a result of constitutionally ineffective
assistance of counsel. See Roe v Flores-Ortega, 528 US 470, 477; 120 S Ct 1029; 145 L
Ed 2d 985 (2000); Peguero v United States, 526 US 23, 28; 119 S Ct 961; 143 L Ed 2d
18 (1999).
Costs are imposed against the attorney, only, in the amount of $250, to be paid to
the Clerk of this Court.
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.
December 20, 2007 _________________________________________
d1213 Clerk