People of Michigan v. Kareem Dale Rhodes ( 2012 )

Order Michigan Supreme Court Lansing, Michigan December 12, 2012 Robert P. Young, Jr., Chief Justice Michael F. Cavanagh Marilyn Kelly 145068 & (16) Stephen J. Markman Diane M. Hathaway Mary Beth Kelly Brian K. Zahra, PEOPLE OF THE STATE OF MICHIGAN, Justices Plaintiff-Appellee, v SC: 145068 COA: 308107 Macomb CC: 2004-002865-FC KAREEM DALE RHODES, Defendant-Appellant. _________________________________________/ On order of the Court, the application for leave to appeal the March 12, 2012 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 consideration of whether the defendant’s delayed application for leave to appeal was timely filed by virtue of the prison mailbox rule, MCR 7.205(A)(3). The motion to remand to the trial court is DENIED. We do not retain jurisdiction. I, Corbin R. Davis, 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 12, 2012 _________________________________________ s1205 Clerk