Opinion
364534
06-28-2023
People of Michigan v. Tremaine Nigel Moses
LC No. 2002-186542-FC
Sima G. Patel Presiding Judge Elizabeth L. Gleicher Colleen A. O'Brien Judges
ORDER
The motion to waive fees is GRANTED for this appeal only.
Pursuant to MCR 7.205(E)(2), in lieu of granting the delayed application for leave to appeal, the Court orders that the June 27, 2022 order is VACATED and this case is remanded to the trial court for further proceedings. In People v Walker, 328 Mich.App. 429; 938 N.W.2d 31 (2019), this Court held that because Lafler v Cooper, 566 U.S. 156; 132 S.Ct. 1376; 182 L.Ed.2d 398 (2012), did not create a new rule of law, it applies retroactively to cases in which plea-related ineffective assistance of counsel claims are raised in motions for relief from judgment under MCR 6.500. Defendant has therefore established a retroactive change in law under MCR 6.502(G)(2)(a).
On remand, the court shall appoint counsel to represent defendant. MCR 6.505(A). In addition, counsel shall be afforded an opportunity to amend or supplement defendant's motion. MCR 6.505(B).
The motion to remand for an evidentiary hearing is DISMISSED as moot.
This Court does not retain jurisdiction.