PEOPLE OF MI V ROBERT ANTHONY SMITH

Court of Appeals, State of Michigan
ORDER
PEOPLE OF MI V ROBERT ANTHONY SMITH
Docket No. 379523
LC No. 12-009631-01-FC
Sima G. Patel
Presiding Judge
Allie Greenleaf Maldonado
Adrienne N. Young
Judges
The motion for immediate consideration is GRANTED.
The delayed application for leave to appeal is DENIED for failure to persuade the Court of
the need for immediate appellate review. As this Court noted in People v Smith, unpublished order of the
Court of Appeals, entered August 26, 2025 (Docket No. 375478), it appears that the trial court has still
not complied with the Supreme Court’s remand directives as stated in People v Smith, 499 Mich 898
(2016). Once those remand proceedings are completed, defendant may have a right to an appeal, limited
to the scope of the remand proceedings. See, e.g., People v Kincade, 206 Mich App 477, 481; 522 NW2d
880 (1994) (emphasis added) (“[W]here an appellate court remands for some limited purpose following
an appeal as of right in a criminal case, a second appeal as of right, limited to the scope of the remand, lies
from the decision on remand”). And, the trial court has directed counsel to file a motion for relief from
judgment on defendant’s behalf. Once that motion is filed and adjudicated, it is possible that defendant
would seek leave to appeal from such an order. As such, we deny this application for failure to persuade,
so that, to the extent the trial court’s denial of the motion to withdraw is properly within the scope of any
later appeal, the issue may be raised in this Court at that time.
_______________________________
Presiding Judge
March 25, 2026

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