Order Michigan Supreme Court
Lansing, Michigan
October 31, 2006 Clifford W. Taylor,
Chief Justice
131606 Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
PEOPLE OF THE STATE OF MICHIGAN, Maura D. Corrigan
Plaintiff-Appellee, Robert P. Young, Jr.
Stephen J. Markman,
Justices
v SC: 131606
COA: 267870
Muskegon CC: 04-050607-FH
DUANE WILLIAM CORN,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the May 26, 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 Muskegon 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. In all
other respects, leave to appeal is DENIED, because we are not persuaded that the
questions presented should now be reviewed by 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.
October 31, 2006 _________________________________________
s1023 Clerk