No. 137011.Supreme Court of Michigan.
December 10, 2008.
Court of Appeals No. 282046.
Leave to Appeal Denied December 10, 2008.
KELLY, J. (dissenting).
I would grant leave to appeal. Appellate counsel concededly missed the deadlines for filing a motion for a new trial and for a claim of appeal. Counsel also failed to file a motion for a stay or to remand in the Court of Appeals. When counsel filed an application for leave to appeal, it was denied. The Court should reexamine its practice of requiring a defendant to show prejudice in order to have an appeal as of right if counsel has been ineffective, as here. People v Pickens, 446 Mich 298 (1994).
Finally, I would grant leave to appeal in this case for the reasons stated in my dissent in People v Conway, 474 Mich 1140 (2006).