Order Michigan Supreme Court
Lansing, Michigan
November 29, 2006 Clifford W. Taylor,
Chief Justice
132094 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: 132094
COA: 266250
Shiawassee CC: 03-000112-FC
STEPHEN JOHN KARES,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the July 27, 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 Shiawassee Circuit Court for a
determination of whether 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 with the
Court of Appeals, and/or any appropriate post-conviction motions in the trial court,
within 12 months of the date of the circuit court’s order appointing counsel, in accord
with the deadlines in effect at the time defendant was denied counsel. See MCR
7.205(F)(3), MCR 6.311, and MCR 6.429. Counsel may, but is not required to, include
those issues defendant raised in his application for leave to appeal to this Court.
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, 2006 _________________________________________
s1120 Clerk