On order of the Court, the delayed application for leave to appeal and the motion to remand are considered and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we ORDER that the prosecutor show cause in writing, in this Court, within 28 days after the date of this order, why this case should not be remanded to the Wayne Circuit Court for an evidentiary hearing on the defendant's claims of ineffective assistance of trial counsel.
The defendant is directed to file with the Wayne Circuit Court an affidavit concerning his present financial status (see guidelines at 387 Mich. xxxi). The Wayne Circuit Court must provide the prosecutor with a copy of the defendant's affidavit. The prosecutor may challenge the defendant's assertion of indigency by filing an appropriate motion with the Wayne Circuit Court within 14 days after the prosecutor receives the copy of the affidavit. If such challenge is brought, the Wayne Circuit Court must conduct a hearing on the matter within 21 days after the prosecutor's motion is filed. The prosecutor, the defendant, and an attorney appointed by the Wayne Circuit Court to represent the defendant must appear at the hearing.
If the Wayne Circuit Court determines that the defendant is indigent, the Court must appoint counsel for the defendant. That order must be entered within 14 days after the hearing or, if the prosecutor has not challenged the defendant's assertion of indigency, within 28 days after the defendant files his affidavit. The Wayne Circuit Court must promptly forward to the Clerk of this Court a copy of the appointment order.
If the Wayne Circuit Court determines that the defendant is not indigent, the Wayne Circuit Court must promptly notify the Clerk of this Court.
The defendant's response must be filed within 28 days after the filing of the prosecutor's show cause pleadings, or within 21 days after counsel's appointment, whichever is later.