Order Supreme Court
Lansing, Michigan
September 21, 2005 Clifford W. Taylor,
Chief Justice
Michael F. Cavanagh
128254 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: 128254
COA: 251686
Kent CC: 02-006903-FH
DAVID LEE COLBATH,
Defendant-Appellant.
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On order of the Court, the application for leave to appeal the February 11, 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 Kent 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
12 months of the date of the Kent 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 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.
September 21, 2005
_________________________________________
s0914 Clerk