People of Michigan v. Eddie Brown ( 2017 )


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  • Order                                                                                        Michigan Supreme Court
    Lansing, Michigan
    June 27, 2017                                                                                        Stephen J. Markman,
    Chief Justice
    Brian K. Zahra
    Bridget M. McCormack
    153505                                                                                                  David F. Viviano
    Richard H. Bernstein
    Joan L. Larsen
    Kurtis T. Wilder,
    PEOPLE OF THE STATE OF MICHIGAN,                                                                                    Justices
    Plaintiff-Appellee,
    v                                                                 SC: 153505
    COA: 330907
    Oakland CC: 2010-232531-FC
    EDDIE BROWN,
    Defendant-Appellant.
    _________________________________________/
    By order of January 31, 2017, the defendant’s former appellate counsel was
    directed to file a supplemental brief. By order of February 17, 2017, the Chief Justice
    appointed substitute appellate counsel to file a second supplemental brief. On order of
    the Court, the briefs having been received, the application for leave to appeal the
    February 24, 2016 order of the Court of Appeals is again considered. Pursuant to MCR
    7.305(H)(1), in lieu of granting leave to appeal, we REMAND this case to the Oakland
    Circuit Court for reissuance of the defendant’s judgment of conviction and sentence. It is
    unclear from the record whether the failure to perfect an appeal of right was solely the
    fault of the defendant’s trial counsel, who promised in open court to file the necessary
    paperwork to begin the appellate process, but failed to fulfill that promise, see Roe v
    Flores-Ortega, 
    528 US 470
    , 477; 
    120 S Ct 1029
    ; 
    145 L Ed 2d 985
     (2000); Peguero v
    United States, 
    526 US 23
    , 28; 
    119 S Ct 961
    ; 
    143 L Ed 2d 18
     (1999), or whether trial
    counsel filed the paperwork and the trial court failed to process it. Regardless, it is clear
    that the failure to perfect an appeal of right is not attributable to the defendant.
    We further ORDER the Oakland Circuit Court, in accordance with Administrative
    Order 2003-03, to determine whether the defendant is indigent and, if so, to appoint
    counsel to represent the defendant in the Court of Appeals.
    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.
    June 27, 2017
    s0619
    Clerk
    

Document Info

Docket Number: 153505

Filed Date: 6/27/2017

Precedential Status: Precedential

Modified Date: 6/28/2017