PEOPLE v. WALTERS

Docket No. 117495.

624 N.W.2d 922 (2001)

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. David A. WALTERS, Defendant-Appellee.

Supreme Court of Michigan.

May 1, 2001.


Attorney(s) appearing for the Case

Jennifer M. Granholm, Attorney General, Thomas L. Casey, Solicitor General, Arthur A. Busch, Prosecuting Attorney, and Donald A. Kuebler, Assistant Prosecuting Attorney, Flint, MI, for the people.

John A. Vos, Grand Rapids, MI, for the defendant-appellee.


Opinion

PER CURIAM.

The defendant, through retained counsel, filed a motion for relief from judgment under MCR subchapter 6.500. After the circuit court denied the motion and a motion for reconsideration, counsel filed an application for leave to appeal, but it was denied as untimely. On rehearing, however, Court of Appeals remanded for a hearing on whether the untimeliness was the result of ineffective assistance of counsel. We conclude that because the...

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