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People v. Rusiecki

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eBook details

  • Title: People v. Rusiecki
  • Author : Michigan Supreme Court
  • Release Date : January 21, 2000
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 52 KB

Description

On order of the Court, the delayed application for leave to appeal from the January 22, 1999, decision of the Court of Appeals is considered and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we REMAND the case to the Court of Appeals. The Court of Appeals shall then remand the case to the Marquette Circuit Court to conduct a Ginther evidentiary hearing on defendants claim that his failure to timely seek appellate review was caused by ineffective assistance of counsel. If the trial court finds in favor of defendants claim, then the Court of Appeals shall treat defendants application as having been timely filed, and shall then either grant or deny the application.


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