Order Michigan Supreme Court
Lansing, Michigan
June 21, 2006 Clifford W. Taylor,
Chief Justice
Michael F. Cavanagh
130627 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: 130627
COA: 264522
Ottawa CC: 04-028191-FC,
ADRIAN RYANEN SWAIN, 04-028175-FC
Defendant-Appellant.
_________________________________________/
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. See 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 21, 2006 _________________________________________
d0614 Clerk