Categories: Michigan Supreme Court Opinions

DIXON v. DEEGAN, 465 Mich. 970 (2002)

642 N.W.2d 679

HERMAN L. DIXON, a/k/a SIDDIQQUII ABDUL SADAH MOHHOMMED, Plaintiff-Appellant, v. PETER E. DEEGAN, CHIEF JUDGE FOR 31ST CIRCUIT COURT, ET AL., Defendant-Appellee.

No. 118260.Supreme Court of Michigan.
April 2, 2002.

COA: 220639

On order of the Court, the delayed application for leave to appeal from the October 9, 2000 decision of the Court of Appeals is considered and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we VACATE the Court of Appeals decision and REMAND for further proceedings. In deciding whether to grant relief, the Court of Appeals shall consider: 1) whether plaintiff was entitled to the appointment of counsel at public expense to pursue an appeal from a misdemeanor conviction under the state or federal constitutions; 2) if so, whether plaintiff’s right to appellate counsel was denied; and 3) if so, whether the denial of counsel caused plaintiff to erroneously seek review by way of a complaint for superintending control or mandamus rather than an application for leave to appeal in the criminal case.

We do not retain jurisdiction.

Cavanagh and Kelly, JJ., would remand this matter to the St. Clair Circuit Court for appointment of counsel and an appeal of right in Docket No. 98-002719-AR.

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