Order Supreme Court
Lansing, Michigan
September 23, 2005 Clifford W. Taylor,
Chief Justice
Michael F. Cavanagh
128340 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: 128340
COA: 256534
Kent CC: 01-002731-FC
KENNETH JAY HOULIHAN,
Defendant-Appellant.
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On order of the Court, the application for leave to appeal the February 10, 2005
order of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(l), we direct
the Clerk to schedule oral argument on whether to grant the application or take other
peremptory action permitted by MCR 7.302(G)(l). The parties are directed to file
supplemental briefs by October 24, 2005, addressing whether the holding in Halbert v
Michigan, 545 US ___; 125 S Ct 2582; 162 L Ed 2d 552 (2005), retroactively applies to
defendant’s motion for relief from judgment from his plea-based conviction where the
trial court denied his request for the appointment of appellate counsel to assist him in
pursuing a direct appeal. In addressing this issue, the parties may benefit from
considering Teague v Lane, 489 US 288, 356; 109 S Ct 1060; 103 L Ed 2d 334 (1989),
Beard v Banks, 542 US 406; 124 S Ct 2504; 159 L Ed 2d 494 (2004), and Howard v
United States, 374 F3d 1068 (CA 11, 2004).
We further order the Kent Circuit Court to appoint the State Appellate Defender
Office to represent the defendant in this Court.
The Criminal Defense Attorneys of Michigan and the Prosecuting Attorneys
Association of Michigan are invited to file briefs amicus curiae by November 1, 2005.
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
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s0919 Clerk