People v. Davis, 92172
| Decision Date | 20 May 1992 |
| Docket Number | No. 92172,No. 125120,92172,125120 |
| Parties | PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Harriet Lee DAVIS, Defendant-Appellant. COA |
| Court | Michigan Supreme Court |
Prior report: 189 Mich.App. 468, 473 N.W.2d 748.
On order of the Court, the application for leave to appeal is considered, and it is GRANTED.
The motion for peremptory reversal and the motion to appoint counsel also are considered. The motion for peremptory reversal is DENIED.
The motion to appoint counsel also is considered. The defendant is directed to file with the Recorder's Court for the City of Detroit an affidavit concerning her present financial status (see guidelines at 387 Mich. xxxi). The Recorder's Court for the City of Detroit 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 Recorder's Court for the City of Detroit within 14 days after the prosecutor receives the copy of the affidavit. If such challenge is brought, the Recorder's Court for the City of Detroit 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 Recorder's Court for the City of Detroit to represent the defendant must appear at the hearing.
If the Recorder's Court for the City of Detroit determines that the defendant is indigent, the Court must continue the appointment of counsel 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 her affidavit. The Recorder's Court for the City of Detroit must promptly forward to the Clerk of this Court a copy of the appointment order and must promptly provide counsel with any portion of the record that counsel requires.
If the Recorder's Court for the City of Detroit determines that the defendant is not indigent, the Recorder's Court for the City of Detroit must promptly notify the Clerk of this Court.
BOYLE, J., not participating.
To continue reading
Request your trial