People v. KARES

Order                                                                                        Michigan Supreme Court
                                                                                                   Lansing, Michigan

  November 29, 2006                                                                                      Clifford W. Taylor,
                                                                                                                 Chief Justice

  132094                                                                                               Michael F. Cavanagh
                                                                                                       Elizabeth A. Weaver
                                                                                                              Marilyn Kelly
                                                                                                         Maura D. Corrigan
  PEOPLE OF THE STATE OF MICHIGAN,                                                                     Robert P. Young, Jr.
            Plaintiff-Appellee,                                                                        Stephen J. Markman,
                                                                                                                      Justices

  v                                                                 SC: 132094
                                                                    COA: 266250
                                                                    Shiawassee CC: 03-000112-FC
  STEPHEN JOHN KARES,
            Defendant-Appellant.

  _________________________________________/

         On order of the Court, the application for leave to appeal the July 27, 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 Shiawassee 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 605; 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.




                           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.
                           November 29, 2006                   _________________________________________
           s1120                                                               Clerk