People of Michigan v. Timothy Wade Horton ( 2015 )

Order Michigan Supreme Court
Lansing, Michigan
December 9, 2015 Robert P. Young, Jr.,
Chief Justice
150815 Stephen J. Markman
Brian K. Zahra
Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
PEOPLE OF THE STATE OF MICHIGAN, Joan L. Larsen,
Plaintiff-Appellee, Justices
v SC: 150815
COA: 324071
Oakland CC: 2013-247924-FH
TIMOTHY WADE HORTON,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the November 19, 2014
order of the Court of Appeals is considered, and it is GRANTED. The parties shall
include among the issues to be briefed: (1) whether the defendant’s unconditional no
contest plea waived his claim of ineffective assistance of trial counsel based on trial
counsel’s failure to make a motion to dismiss for a 180-day rule violation, MCL 780.131
and 780.133, in light of People v Lown, 488 Mich 242, 267-270 (2011), or for
constitutional speedy trial violations; (2) whether the defendant’s unconditional no
contest plea waived his claim of ineffective assistance of trial counsel for trial counsel’s
failure to inform the defendant that an unconditional no contest plea would waive his
right to appeal on the basis of a 180-day rule violation or constitutional speedy trial
violations; and (3) whether trial counsel’s failure to inform the defendant that his
unconditional no contest plea would waive his right to appeal on the basis of a 180-day
rule violation and constitutional speedy trial violation made defendant’s plea unknowing
and involuntary. 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 the State Appellate Defender Office to represent the defendant in this Court.
The Criminal Defense Attorneys of Michigan and the Prosecuting Attorneys
Association of Michigan are invited to file briefs amicus curiae. Other persons or groups
interested in the determination of the issues presented in this case may move the Court
for permission to file briefs amicus curiae.
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.
December 9, 2015
t1202
Clerk