Order Supreme Court
Lansing, Michigan
September 21, 2005 Clifford W. Taylor,
Chief Justice
Michael F. Cavanagh
127654 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: 127654
COA: 257494
Delta CC: 03-006994-FH
ROBERT JON JONES,
Defendant-Appellant.
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On order of the Court, the application for leave to appeal the November 5, 2004
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 Delta 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 post-conviction motions in the trial court,
within 12 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. Counsel may, but is not required to, include
those issues defendant raised 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.
CORRIGAN, J., would deny leave to appeal.
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 21, 2005
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p0914 Clerk