Order Michigan Supreme Court
Lansing, Michigan
July 31, 2006 Clifford W. Taylor,
Chief Justice
Michael F. Cavanagh
130200 Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 130200
COA: 264460
Clinton CC: 04-007576-FH
RONALD JAMES HARRIS,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the November 2, 2005
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 Clinton 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 ___; 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 postconviction motions in the trial court, within
twelve months of the date of the Circuit Court’s order appointing counsel, as, at the time
defendant was denied counsel, he was entitled to file pleadings within twelve months of
sentencing rather than six. See the 2004 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 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
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.
July 31, 2006 _________________________________________
d0724 Clerk