Order Michigan Supreme Court
Lansing, Michigan
September 12, 2007 Clifford W. Taylor,
Chief Justice
Michael F. Cavanagh
133670 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: 133670
COA: 273554
Wayne CC: 05-002344
MICHAEL PODLASZUK,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the January 3, 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 of the defendant’s alternate ground for affirming the Wayne Circuit Court’s
order granting his motion to withdraw his plea. The defendant was not required to file a
cross appeal to urge that ineffective assistance of counsel caused his plea to be
involuntary as an alternative ground for affirmance. Middlebrooks v Wayne Co, 446
Mich 151, 166 n 41 (1994); Cacevic v Simplimatic Engineering Co, 467 Mich 997
(2001). 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.
The Court notes, however, that contrary to the Court of Appeals’ conclusion that
the defendant’s motion to withdraw his plea was untimely under MCR 6.310(C), and was
therefore properly characterized as a motion for relief from judgment, the defendant’s
motion to withdraw his plea was timely. The amendment to MCR 6.310(C) reducing the
time from 12 months to 6 months to file a motion to withdraw a plea is not applicable to
cases in which the order appointing appellate counsel was entered on or before December
31, 2005. See Admin Order 2005-02. In this case, appellate counsel was appointed
before December 31, 2005, so the defendant had 12 months from the date of the order
appointing appellate counsel to file a motion to withdraw his plea. Because the
defendant’s motion was filed within 12 months of the order appointing appellate counsel,
the defendant’s motion was timely, and should not have been characterized as a motion
for relief from judgment.
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.
September 12, 2007 _________________________________________
d0905 Clerk