Opinion
No. 143136.
September 21, 2011.
Order
SC: 143136, COA: 293629, Kalamazoo CC: 2008-001640-FH
On order of the Court, the application for leave to appeal the April 5, 2011 judgment of the Court of Appeals is considered and, 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, United States v Cronic, 466 US 648; 104 S Ct 2039; 80 L Ed 2d 657 (1984), does not apply to defense counsel's performance in this case. We REMAND this case to the Court of Appeals for consideration of whether defense counsel's performance was ineffective under Strickland v Washington, 466 US 668; 104 S Ct 2052; 80 L Ed 2d 674 (1984), and the remaining issue raised by the defendant but not addressed by that court during its initial review of this case.
We do not retain jurisdiction.