Order Michigan Supreme Court
Lansing, Michigan
February 27, 2007 Clifford W. Taylor,
Chief Justice
132560 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: 132560
COA: 270289
Delta CC: 05-007372-FH
05-007396-FH
WILLIAM TODD LaPLANTE
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the October 3, 2006
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 Delta Circuit Court for a
determination of whether the defendant is indigent and, if so, for the appointment of
appellate counsel, in light of Halbert v Michigan, 545 US 605; 125 S Ct 2582; 162 L Ed
2d 552 (2005). Appointed counsel may file an application for leave to appeal to the
Court of Appeals, and/or any appropriate postconviction motions in the trial court, within
twelve months of the date of the circuit court's order appointing counsel, as, at the time
the defendant was denied counsel, he was entitled to file pleadings within twelve months
of sentencing rather than six. See the former versions of MCR 7.205(F)(3), MCR 6.311,
and MCR 6.429. Counsel may include among the issues raised, but is not required to
include, those issues raised by the defendant in his application for leave to appeal to this
Court. In all other respects, leave to appeal is DENIED, because we are not persuaded
that the remaining questions presented should now 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.
February 27, 2007 _________________________________________
l0220 Clerk