April 28, 2015
PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee,
ANTHONY EVANS, Defendant-Appellant
COA: 322162. Wayne CC: 12-011658-FC.
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 October 1, 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 Wayne Circuit Court for the appointment of substitute appellate counsel, in light of Halbert v Michigan, 545 U.S. 605; 125 S.Ct. 2582; 162 L.Ed.2d 552 (2005). The circuit court granted original appointed appellate counsel's motion to vacate the order of appointment of appellate counsel, but denied the defendant's motion for new appellate counsel. Even though counsel represented in his motion that there were no valid grounds for either a plea withdrawal or an appeal of the sentence imposed, he did not accompany his motion with legal analysis " referring to anything in the record that might arguably support the appeal," and the trial court did not make a finding that the " case is wholly frivolous." Anders v California, 386 U.S. 738, 744; 87 S.Ct. 1396, 1400; 18 L.Ed.2d 493 (1967). On remand, substitute appellate counsel, once appointed, 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 circuit court, within six months of the date of the circuit court's order appointing counsel.
We do not retain jurisdiction.