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In re ALEXANDER MITCHELL, NATHAN MITCHELL, and NICHOLAS MITCHELL, Minors. DEPARTMENT OF HUMAN SERVICES, Petitioner-Appellee, v. WILLIAM MITCHELL, Respondent-Appellant.

Actions on Applications for Leave to Appeal from the Court of Appeals.

Summary Disposition.

Pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we reverse the judgment of the Court of Appeals for the reasons stated in the Court of Appeals dissenting opinion and because the trial court committed plain error, People v Carines, 460 Mich 750, 763 (1999), in failing to timely appoint counsel in violation of MCL 712A.17c(4) and (5), MCR 3.915(B)(1), MCR 3.965(B)(5), and MCR 3.974(B)(3)(a)(i), and in failing to advise the respondent that his plea could later be used in a proceeding to terminate his parental rights in violation of MCR 3.971(B)(4). Accordingly, we remand this case to the Clinton Circuit Court family Division for further proceedings not inconsistent with this order. The motion to file brief amicus curiae is granted. We do not retain jurisdiction.

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IN RE MITCHELL
(Oct 23, 2009)