Order Michigan Supreme Court
Lansing, Michigan
February 3, 2017 Stephen J. Markman,
Chief Justice
Robert P. Young, Jr.
Brian K. Zahra
153716 Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
PEOPLE OF THE STATE OF MICHIGAN, Joan L. Larsen,
Plaintiff-Appellee, Justices
v SC: 153716
COA: 324311
Macomb CC: 2014-001991-FH
ADAM HOWARD REAM,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the March 22, 2016
judgment of the Court of Appeals is considered, and it is DENIED, because we are not
persuaded that the questions presented should be reviewed by this Court. The denial is
without prejudice to the defendant’s right to file a motion for relief from judgment
pursuant to MCR 6.500 et seq.
MARKMAN, C.J. (concurring).
I concur with the majority’s decision to deny leave to appeal. Before sentencing,
defendant received a Cobbs agreement to be sentenced to the lower-third of the
applicable guidelines range. See People v Cobbs, 443 Mich 276 (1993). The trial court
later imposed a sentence at the top of the guidelines range, but did not allow defendant an
opportunity to withdraw his plea under MCR 6.310(B)(2)(b). Subsequently in the Court
of Appeals, defendant argued that the trial court failed to abide by Cobbs, 443 Mich 276.
However, defendant did not preserve this claim by an objection or motion in the trial
court, and he failed to raise a claim of ineffective assistance of trial counsel for the failure
to preserve his Cobbs claim. Defendant now raises a claim of ineffective assistance of
trial counsel in this Court, which would excuse the failure to preserve the Cobbs claim;
however, a claim of ineffective assistance of appellate counsel is also necessary in order
to excuse the failure to raise a claim of ineffective assistance of trial counsel before the
Court of Appeals. Because defendant did not raise the latter claim, I concur in the denial
2
order, which expressly does not preclude defendant from filing a motion for relief from
judgment pursuant to MCR 6.508 raising an ineffective assistance of trial and appellate
counsel claim.
BERNSTEIN J., joins the statement of MARKMAN, C.J.
I, Larry S. Royster, 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.
February 3, 2017
a0131
Clerk