People of Michigan v. David Roark ( 2014 )

Order Michigan Supreme Court
Lansing, Michigan
November 19, 2014 Robert P. Young, Jr.,
Chief Justice
148056 & (21) Michael F. Cavanagh
Stephen J. Markman
PEOPLE OF THE STATE OF MICHIGAN, Mary Beth Kelly
Brian K. Zahra
Plaintiff-Appellee, Bridget M. McCormack
David F. Viviano,
v SC: 148056 Justices
COA: 316467
Wayne CC: 08-009312-FC
DAVID ROARK,
Defendant-Appellant.
_________________________________________/
By order of February 28, 2014, the defendant’s previously appointed appellate
counsel was directed to file a supplemental brief. On order of the Court, the brief having
been received, the application for leave to appeal the October 25, 2013 order of the Court
of Appeals is again 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 consideration of the
defendant’s May 29, 2013 delayed application for leave to appeal as on leave granted.
Because the defendant waited more than five months before filing an untimely request for
the appointment of appellate counsel, the defendant is not entitled to review under the
standard applicable to direct appeals. However, the defendant’s previously appointed
appellate attorney failed to comply with Administrative Order 2004-6, Minimum
Standards for Indigent Criminal Appellate Defense Services, Standard 5. Counsel did not
seek to withdraw pursuant to Anders v California, 386 U.S. 738; 87 S. Ct. 1396; 18 L. Ed. 2d
493 (1967). Therefore costs are imposed against the attorney, only, in the amount of
$1,000 to be paid to the Clerk of this Court.
We do not retain jurisdiction.
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.
November 19, 2014
t1112
Clerk