Opinion
No. 127127.
July 14, 2005.
Summary Dispositions.
SC: 127127, COA: 246818.
In lieu of granting leave to appeal, defendant's motion to remand for an evidentiary hearing regarding the effectiveness of trial counsel is granted. MCR 7.302(G)(1). The case is remanded to the Wayne Circuit Court for an evidentiary hearing pertaining to the reasons trial counsel did not introduce evidence of telephone records that could potentially support defendant's position that he made a number of telephone calls while the victim was present. Further, the Wayne Circuit Court is to determine whether defendant is indigent and, if so, to appoint counsel to represent defendant in connection with the motion on remand and any appeal therefrom. Based on the evidence presented and the circuit court findings on remand, either party may move for a new trial or appeal, by application for leave, any decision of the circuit court. In all other respects, not inconsistent with the foregoing, defendant's application for leave to appeal the August 10, 2004, judgment of the Court of Appeals is denied, because the Supreme Court is not persuaded that the questions presented should be reviewed by this Court. Jurisdiction is not retained.