Opinion
SC: 162621 COA: 348515
11-29-2021
PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Janafer Lynn MAYNARD, Defendant-Appellant.
Order
On order of the Court, the application for leave to appeal the December 22, 2020 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 II of the judgment of the Court of Appeals addressing the voluntariness of the defendant's confession. We REMAND this case to the Jackson Circuit Court to conduct an evidentiary hearing to determine: (1) whether the defendant's statements to the police were involuntary, see People v. Walker (On Rehearing) , 374 Mich. 331, 132 N.W.2d 87 (1965) ; and (2) whether trial defense counsel was ineffective for failing to move to suppress those statements, see People v. Ginther , 390 Mich. 436, 212 N.W.2d 922 (1973).
We do not retain jurisdiction.