People of Michigan v. Michael Allen Stead ( 2020 )

Order Michigan Supreme Court
Lansing, Michigan
December 23, 2020 Bridget M. McCormack,
Chief Justice
160284 David F. Viviano,
Chief Justice Pro Tem
Stephen J. Markman
Brian K. Zahra
PEOPLE OF THE STATE OF MICHIGAN, Richard H. Bernstein
Plaintiff-Appellee, Elizabeth T. Clement
Megan K. Cavanagh,
Justices
v SC: 160284
COA: 346488
Roscommon CC: 17-007903-FC
MICHAEL ALLEN STEAD,
Defendant-Appellant.
_________________________________________/
By order of February 4, 2020, appellate counsel was directed to file a
supplemental brief addressing the reasons for his failure to secure the filing of the
necessary transcripts as required by MCR 7.205(B)(4) and MCR 7.210(B)(1)(a). The
supplemental brief having been received, the application for leave to appeal the May 20,
2019 order of the Court of Appeals is again considered. Pursuant to MCR 7.305(H)(1),
in lieu of granting leave to appeal, we REMAND this case to the Roscommon Circuit
Court for further proceedings consistent with this order. Appellate counsel concedes that
his failure to order transcripts was the product of his unfamiliarity with the relevant court
rules. The defendant, through no fault of his own, was denied meaningful appellate
review of his convictions and sentences. See Halbert v Michigan, 545 US 605 (2005).
On remand, the trial court shall permit the defendant to “order from the court reporter or
recorder the full transcript of testimony and other proceedings in the trial court or
tribunal,” MCR 7.210(B)(1)(a), or if appropriate, “some portion less than the full
transcript,” MCR 7.210(B)(1)(c). The trial court shall also permit the defendant to file a
motion for a declaration of indigency for purposes of obtaining transcripts at public
expense under MCR 6.433(B). If the defendant chooses to file such a motion, the trial
court shall determine whether he is indigent using the criteria set forth in MCR 6.005(B).
Once transcripts have been ordered and arrangements for payment have been made, the
court reporter shall prepare the requested transcripts in accord with the procedures
outlined in MCR 7.210(B)(3). Thereafter, the defendant may file an application for leave
to appeal in the Court of Appeals for consideration under the standard for direct appeals,
and/or any appropriate post-conviction motions in the trial court, within 42 days of the
filing of the requested transcripts. In all other respects, leave to appeal is DENIED,
2
because we are not persuaded that the remaining questions presented should be reviewed
by 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.
December 23, 2020
t1216
Clerk