Order Michigan Supreme Court
Lansing, Michigan
November 29, 2007 Clifford W. Taylor,
Chief Justice
134470 Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
PEOPLE OF THE STATE OF MICHIGAN, Robert P. Young, Jr.
Plaintiff-Appellee, Stephen J. Markman,
Justices
v SC: 134470
COA: 276161
Oakland CC: 2001-178581-FC
HARRY JACOB WALTON,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the June 20, 2007 order
of the Court of Appeals is 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 for
consideration as on leave granted of: (1) whether the defendant was denied the effective
assistance of counsel due to his attorney’s failure to object when the Oakland Circuit
Court did not sentence the defendant pursuant to the legislative sentencing guidelines,
MCL 777.1, et seq., and (2) whether the defendant is entitled to postappeal relief under
MCR 6.501 et seq. In all other respects, leave to appeal is DENIED, because we are not
persuaded that the remaining questions presented should be reviewed by 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.
November 29, 2007 _________________________________________
p1119 Clerk