Opinion
SC 162645 COA 354244
09-08-2021
Oakland CC: 2016-260666-FH
Bridget M. McCormack, Chief Justice, Brian K. Zahra, David F. Viviano, Richard H. Bernstein, Elizabeth T. Clement, Megan K. Cavanagh, Elizabeth M. Welch, Justices
ORDER
By order of June 4, 2021, the prosecuting attorney was directed to answer the application for leave to appeal the October 22, 2020 order of the Court of Appeals. On order of the Court, the answer having been received, the application for leave to appeal is again considered. Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we REMAND this case to the Oakland Circuit Court to allow the defendant the opportunity to either withdraw or reaffirm his no contest plea. The prosecuting attorney has conceded that the defendant has shown that his no contest plea was the product of the ineffective assistance provided by his trial counsel. The prosecuting attorney has also conceded that the defendant has satisfied the "good cause" and "actual prejudice" requirements of MCR 6.508(D).
We do not retain jurisdiction.