Order Michigan Supreme Court
Lansing, Michigan
July 19, 2006 Clifford W. Taylor,
Chief Justice
130590 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: 130590
COA: 267331
Wayne CC: 02-006650-01
FRANK DAVID MILLER,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the February 6, 2006
order of the Court of Appeals is considered. The defendant alleges that after appointed
appellate counsel missed the jurisdictional deadline for filing an application for leave to
appeal to the Court of Appeals, counsel filed a motion for relief from judgment without
the defendant’s permission. The defendant further alleges that he did not discover these
facts until after the Court of Appeals denied the application for leave to appeal the denial
of counsel’s motion for relief from judgment. Assuming, without deciding, that these
allegations are true, defendant still must meet the requirements of MCR 6.508(D).
Accordingly, the defendant’s application for leave to appeal is DENIED, because he has
failed to meet the burden of establishing entitlement to relief under MCR 6.508(D).
KELLY, J., would remand this case for a hearing pursuant to People v Ginther, 390
Mich 436 (1973).
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 19, 2006 _________________________________________
d0712 Clerk