Order Michigan Supreme Court
Lansing, Michigan
Stephen J. Markman,
Chief Justice
January 3, 2018
Brian K. Zahra
Bridget M. McCormack
154716 David F. Viviano
Richard H. Bernstein
PEOPLE OF THE STATE OF MICHIGAN, Kurtis T. Wilder
Plaintiff-Appellee, Elizabeth T. Clement,
Justices
v SC: 154716
COA: 333566
Wayne CC: 11-005203-FC
KEVIN LAMAR HILL,
Defendant-Appellant.
_________________________________________/
By order of September 12, 2017, the defendant’s former appellate counsel was
directed to file a supplemental brief. On order of the Court, the brief having been
received, the application for leave to appeal the September 9, 2016 order of the Court of
Appeals is again considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave
to appeal, we REMAND this case to the Wayne Circuit Court to reappoint attorney
Arthur J. Rubiner, if feasible, to represent the defendant as on direct appellate review. If
this appointment is not feasible, the trial court shall appoint other counsel to represent the
defendant. See Halbert v Michigan, 545 US 605; 125 S Ct 2582; 162 L Ed 2d 552
(2005). The record reflects that defendant’s former appellate counsel did not contact the
defendant in a timely manner, did not adequately review the record and determine that
nothing might arguably support an appeal, and did not move for substitution of counsel
until the deadline for filing a direct appeal was imminent. Thus, through no fault of the
defendant, he lost the right to seek leave to appeal to the Court of Appeals on direct
review. On remand, appellate counsel, once appointed, may file an application for leave
to appeal in the Court of Appeals for consideration under the standard for direct appeals,
and/or any appropriate postconviction motions in the circuit court, within six months of
the date of the circuit court’s order appointing or reappointing counsel. Counsel may
include among the issues raised, but is not required to include, the issues that were raised
on behalf of the defendant in the motion for relief from judgment that was filed in 2016.
Costs are imposed against the attorney, Suzanna Kostovski, only, in the amount of
$500, to be paid to the Clerk of this Court.
We do not retain jurisdiction.
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.
January 3, 2018
d1220
Clerk
People of Michigan v. Kevin Lamar Hill
Combined Opinion