People v. Kurylczyk, 91867
| Decision Date | 14 May 1992 |
| Docket Number | No. 91867,No. 117099,91867,117099 |
| Citation | 439 Mich. 1002,484 N.W.2d 669 |
| Parties | PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Albin J. KURYLCZYK, Defendant-Appellant. COA |
| Court | Michigan Supreme Court |
On order of the Court, the delayed application for leave to appeal is considered, and it is GRANTED, limited to the issue of whether pretrial identification procedures deprived the defendant of a fair trial.
The defendant is directed to file with the St. Clair Circuit Court an affidavit concerning his present financial status (see guidelines at 387 Mich. xxxi). The St. Clair 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 St. Clair Circuit Court within 14 days after the prosecutor receives the copy of the affidavit. If such challenge is brought, the St. Clair 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 St. Clair Circuit Court to represent the defendant must appear at the hearing.
If the St. Clair Circuit Court determines that the defendant is indigent, the Court must appoint 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 his affidavit. The St. Clair Circuit Court 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 St. Clair Circuit Court determines that the defendant is not indigent, the St. Clair Circuit Court must promptly notify the Clerk of this Court.
The motion for bond is considered, and it is DENIED.
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People v. Kurylczyk
...conviction. The Court of Appeals affirmed in an unpublished per curiam opinion. This Court then granted leave to appeal. 439 Mich. 1002, 484 N.W.2d 669 (1992). II Defendant presents two challenges to the photographic lineup that was conducted before his arrest. First, he contends that he wa......
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Kurylczyk v. Department of Corrections, 93403
...is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court. See, however, People v. Kurylczyk, --- Mich. ----, 484 N.W.2d 669. ...