Cases for Argument – April 2022

Remand to Wayne Circuit Required for
Findings Regarding Legal Fee Award
in JOS

Defendant’s application for leave to appeal was denied with Judge Jansen indicating that she would have granted leave. In lieu of granting leave to appeal, the Supreme Court vacated that part of the judgment of sentence regarding the attorney fee award and remanded to the trial court for findings regarding the cost of legal assistance provided to defendant. People v. Davis, ___ Mich. ___ (#163814, 03-08-22); SADO - Douglas W. Baker. COUNSEL -- Compensation.

Oakland Circuit Erred When It Denied
Defendant’s 6.500 Motion Where
Appellate Attorney Failed to Timely File
Pleadings or File Anders Brief

The Court of Appeals denied defendant’s application for leave to appeal the trial court’s denial of his motion for relief from judgment. In lieu of granting leave to appeal, the Supreme Court vacated the order denying the motion and remanded for reissuance of defendant’s judgment of conviction and sentence noting that the parties agreed that defendant’s appellate attorneys allowed the time limits for appellate review to expire without seeking direct review of defendant’s plea-based convictions or filing a motion to withdraw that met the requirements of Anders and defendant was deprived of his direct appeal as a result of constitutionally ineffective assistance of counsel. People v. Rowe, ___ Mich. ___ (#163485, 03-08-22); In Pro Per. POST-TRIAL MOTIONS AND APPEALS -- Appeals -- Right To.

by John Zevalking
Associate Editor