From Casetext: Smarter Legal Research

In re Mitchell

Supreme Court of Michigan
Oct 23, 2009
485 Mich. 922 (Mich. 2009)

Opinion

No. 139114.

October 23, 2009.

Appeal from the Court of Appeals No. 286895.


Actions on Applications for Leave to Appeal from the Court of Appeals.

Summary Disposition.

Pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we reverse the judgment of the Court of Appeals for the reasons stated in the Court of Appeals dissenting opinion and because the trial court committed plain error, People v Carines, 460 Mich 750, 763 (1999), in failing to timely appoint counsel in violation of MCL 712A.17c(4) and (5), MCR 3.915(B)(1), MCR 3.965(B)(5), and MCR 3.974(B)(3)(a)(i), and in failing to advise the respondent that his plea could later be used in a proceeding to terminate his parental rights in violation of MCR 3.971(B)(4). Accordingly, we remand this case to the Clinton Circuit Court family Division for further proceedings not inconsistent with this order. The motion to file brief amicus curiae is granted. We do not retain jurisdiction.


Summaries of

In re Mitchell

Supreme Court of Michigan
Oct 23, 2009
485 Mich. 922 (Mich. 2009)
Case details for

In re Mitchell

Case Details

Full title:In re ALEXANDER MITCHELL, NATHAN MITCHELL, and NICHOLAS MITCHELL, Minors…

Court:Supreme Court of Michigan

Date published: Oct 23, 2009

Citations

485 Mich. 922 (Mich. 2009)

Citing Cases

In re Demontigny

Whether respondent can challenge jurisdiction on the basis of an inadequate advice of rights presents a close…

In re Ferranti

This Court’s growing list of "exceptions" to Hatcher deserves emphasis at the front end of this analysis.…