Michigan Supreme Court, 2016

People v. Varnado

People v. Varnado
Michigan Supreme Court · Decided May 24, 2016
499 Mich. 923; 878 N.W.2d 838

People v. Varnado

Opinion of the Court

Pursuant to MCR 7.305(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 14, 2015 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 as counsel 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(G)(3). 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 1209; 145 L Ed 2d 985 (2000); Peguero v United States, 526 US 23, 28; 119 S Ct 961; 143 L Ed 2d 18 (1999). The motion to remand to the trial court is denied. We do not retain jurisdiction.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.