People of Michigan v. Ronald Lee Irwin

Order Michigan Supreme Court

Lansing, Michigan September 5, 2014 Robert P. Young, Jr.,

Chief Justice 148308 Michael F. Cavanagh

Stephen J. Markman

Mary Beth Kelly Brian K. Zahra

Bridget M. McCormack

PEOPLE OF THE STATE OF MICHIGAN, David F. Viviano,

Plaintiff-Appellee, Justices v SC: 148308

COA: 315852 Macomb CC: 2012-001975-FH RONALD LEE IRWIN,

Defendant-Appellant. _________________________________________/

On order of the Court, the application for leave to appeal the November 8, 2013 order of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we REMAND this case to the Court of Appeals for reconsideration of the defendant’s April 22, 2013 delayed application for leave to appeal under the standard applicable to direct appeals. The defendant’s former appellate attorney failed to timely file in the trial court a motion to withdraw the defendant’s plea, and failed to file in the Court of Appeals, on direct review, a delayed application for leave to appeal within the deadlines set forth in MCR 7.205(F). Counsel acknowledged that the defendant did not contribute to the delay in filing and admitted her sole responsibility for missing the deadline. Accordingly, the defendant was deprived of his direct appeal as a result of constitutionally ineffective assistance of counsel. 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).

Costs are imposed against the attorney, only, in the amount of $250, to be paid to the Clerk of this Court.

We do not retain jurisdiction.

VIVIANO, J., did not participate because he presided over this case in the circuit court.

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.

September 5, 2014 h0825

Clerk