March 31, 2015
PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee,
JAMES HENRY NELSON, Defendant-Appellant
COA: 322472. Oakland CC: 2009-227279-FH.
Robert P. Young, Jr., Chief Justice. Stephen J. Markman, Mary Beth Kelly, Brian K. Zahra, Bridget M. McCormack, David F. Viviano, Richard H. Bernstein, Justices.
On order of the Court, the application for leave to appeal the September 16, 2014 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 Oakland Circuit Court for consideration of the defendant's motion to withdraw his guilty plea and for other relief. We clarify that our order dated February 6, 2013, in People v Nelson, 493 Mich. 932; 825 N.W.2d 577 (2013), authorized substitute appellate counsel to pursue appellate remedies consistent with, but not limited to, filing an application for leave to appeal in the Court of Appeals. The Oakland Circuit Court shall promptly consider the defendant's motion. The parties may seek leave to appeal in the Court of Appeals from the circuit court's decision on remand. MCR 7.316(A)(7).