Order Supreme Court
Lansing, Michigan
September 23, 2005 Clifford W. Taylor,
Chief Justice
Michael F. Cavanagh
128205 Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
Robert P. Young, Jr.
PEOPLE OF THE STATE OF MICHIGAN, Stephen J. Markman,
Plaintiff-Appellee, Justices
v SC: 128205
COA: 258411
Saginaw CC: 02-022039-FH
SCOTT PHILIP LARKIN,
Defendant-Appellant.
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On order of the Court, the application for leave to appeal the February 23, 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 Saginaw 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, 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.
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.
September 23, 2005
_________________________________________
d0919 Clerk