Order Michigan Supreme Court
Lansing, Michigan
June 26, 2006 Clifford W. Taylor,
Chief Justice
Michael F. Cavanagh
130627 Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
Robert P. Young, Jr.
PEOPLE OF THE STATE OF MICHIGAN, Stephen J. Markman,
Plaintiff-Appellee, Justices
SC: 130627
v COA: 264522
Ottawa CC: 04-028191-FC,
ADRIAN RYANEN SWAIN, 04-028175-FC
Defendant-Appellant.
_____________________________________
AMENDMENT TO ORDER
On order of the Court, the order of June 21, 2006 is amended to correct a clerical
error by correcting the tet thereof to read as follows:
“On order of the Court, the application for leave to appeal the
January 10, 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 Ottawa 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 reather than
six. See the former versons 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.
June 26, 2006 _________________________________________
Clerk