People of Michigan v. Robert Neal Bisgeier ( 2006 )


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  • Order                                                                                         Michigan Supreme Court
    Lansing, Michigan
    October 4, 2006                                                                                         Clifford W. Taylor,
    Chief Justice
    131191                                                                                                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: 131191
    COA: 266882
    Oakland CC: 2003-191040-FH
    ROBERT NEAL BISGEIER,
    Defendant-Appellant.
    _________________________________________/
    On order of the Court, the application for leave to appeal the January 18, 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 Court of Appeals. The Court of
    Appeals shall then remand the case to the Oakland Circuit Court to conduct an
    evidentiary hearing pursuant to People v Ginther, 
    390 Mich 436
     (1973), on the
    defendant’s claim that the failure to timely seek appellate review was caused by
    ineffective assistance of counsel. If the trial court finds in favor of the defendant’s claim,
    the Court of Appeals shall treat the defendant’s application as having been timely filed.
    It shall then either grant or deny the application.
    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.
    October 4, 2006                     _________________________________________
    0927                                                                 Clerk
    

Document Info

Docket Number: 131191

Filed Date: 10/4/2006

Precedential Status: Precedential

Modified Date: 10/30/2014