Opinion
SC: 164604 COA: 354888
11-30-2022
PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Douglas Lee HECKAMAN, Defendant-Appellant.
Order
On order of the Court, the application for leave to appeal the May 19, 2022 judgment of the Court of Appeals is considered. Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE Part III(A) of the judgment of the Court of Appeals and we REMAND this case to that court for reconsideration of that ineffective assistance of counsel claim. Although the Court of Appeals cited the correct standard for assessing prejudice under Strickland v Washington , 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984), it failed to apply that standard. The defendant was not required to show that, but for counsel's deficient performance, he would have been acquitted. Rather, prejudice is established where a defendant shows that "but for counsel's deficient performance, there is a reasonable probability that the outcome would have been different." People v Trakhtenberg , 493 Mich. 38, 51, 826 N.W.2d 136 (2012) (emphasis added). On remand, the Court of Appeals shall resolve the defendant's claim of ineffective assistance of counsel set forth in Part III(A) under this standard. In all other respects, leave to appeal is DENIED, because we are not persuaded that the remaining question presented should be reviewed by this Court.