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People v. Smith

Michigan Supreme Court Lansing, Michigan
May 6, 2020
942 N.W.2d 34 (Mich. 2020)

Opinion

SC: 160410 COA: 348914

05-06-2020

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. William Lewis SMITH, Defendant-Appellant.


Order

On order of the Court, the application for leave to appeal the September 10, 2019 order of the Court of Appeals is considered. Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we REMAND this case to the Wayne Circuit Court. The circuit court erred when it held in its December 19, 2018 opinion and order that the defendant’s claim of ineffective assistance of trial counsel was previously raised and decided by the Court of Appeals. The defendant raised a different claim of ineffective assistance of trial counsel on direct appeal. On remand, the circuit court shall reconsider the defendant’s claim of ineffective assistance of trial counsel. In all other respects, leave to appeal is DENIED, because the defendant has failed to meet the burden of establishing entitlement to relief under MCR 6.508(D).


Summaries of

People v. Smith

Michigan Supreme Court Lansing, Michigan
May 6, 2020
942 N.W.2d 34 (Mich. 2020)
Case details for

People v. Smith

Case Details

Full title:PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v. WILLIAM LEWIS…

Court:Michigan Supreme Court Lansing, Michigan

Date published: May 6, 2020

Citations

942 N.W.2d 34 (Mich. 2020)