People of Michigan v. Ronald Lee Irwin ( 2014 )

Order Michigan Supreme Court
Lansing, Michigan
September 5, 2014 Robert P. Young, Jr.,
Chief Justice
148308 Michael F. Cavanagh
Stephen J. Markman
Mary Beth Kelly
Brian K. Zahra
Bridget M. McCormack
PEOPLE OF THE STATE OF MICHIGAN, David F. Viviano,
Plaintiff-Appellee, Justices
v SC: 148308
COA: 315852
Macomb CC: 2012-001975-FH
RONALD LEE IRWIN,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the November 8, 2013
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
reconsideration of the defendant’s April 22, 2013 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 the defendant’s plea,
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(F). Counsel acknowledged that the
defendant did not contribute to the delay in filing and admitted her sole responsibility for
missing the deadline. Accordingly, the defendant was deprived of his direct appeal as a
result of constitutionally ineffective assistance of counsel. See Roe v Flores-Ortega, 528
U.S. 470, 477; 120 S. Ct. 1029; 145 L. Ed. 2d 985 (2000); Peguero v United States, 526 U.S.
23, 28; 119 S. Ct. 961; 143 L. Ed. 2d 18 (1999).
Costs are imposed against the attorney, only, in the amount of $250, to be paid to
the Clerk of this Court.
We do not retain jurisdiction.
VIVIANO, J., did not participate because he presided over this case in the circuit
court.
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.
September 5, 2014
h0825
Clerk