On order of the Court, the delayed application for leave to appeal is considered and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we VACATE in part the order of the Recorder's Court for the City of Detroit of February 5, 1997, denying defendant's motion for relief from judgment and REMAND this case to the Wayne Circuit Court as successor to Recorder's Court for further proceedings in light of this order. Defendant's argument that the trial court erred in accepting the pleas of nolo contendere without compliance with MCR 6.302, particularly as to the advice on the right of confrontation, and his further argument that prior appellate counsel was ineffective for failing to pursue this claim have sufficient merit that the trial court should have, upon a showing of indigence, appointed counsel for defendant to pursue these matters, MCR 6.505. On remand, the court shall, after a showing of indigence, appoint counsel to file a supplemental motion for relief from judgment and take such further action as necessary to resolve that motion.
We do not retain jurisdiction.
Court of Appeals No. 209393.
Comments