People State Michigan v. Terrance Eugene

Order On order of the Court, the delayed application for leave to appeal is considered. The prosecutor is ordered to show cause in writing, in this Court, within 28 days after the date of this order, why the defendant should not be resentenced because the defendant was not given a fair opportunity to present mitigating factors and counter possibly erroneous sentence information. The defendant's retained trial attorney had been suspended from legal practice and the stand-in attorney admitted to being ill prepared to address the court's impressions of the offense and offender. The defendant is directed to file with the Recorder's Court for the City of Detroit an affidavit concerning his present financial status (see guidelines at 387 Mich xxxi). The Recorder's 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 Recorder's Court within 14 days after the prosecutor receives the copy of the affidavit. If such challenge is brought, the Recorder's 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 Recorder's Court to represent the defendant must appear at the hearing.