Opinion
367251
11-15-2023
People of Michigan v. Rouni Abdul-Ahad
LC No. 11-004779-01-FH
Anica Letica, Presiding Judge, Michael J. Riordan, Kristina Robinson Garrett, Judges
ORDER
Pursuant to MCR 7.205(E)(2), in lieu of granting leave to appeal, we VACATE the Wayne Circuit Court's April 3, 2023 order and REMAND this matter to that court for further proceedings consistent with this order. On remand, the trial court shall afford defendant a Ginther hearing concerning his claim of ineffective assistance of counsel under Padilla v Kentucky, 559 U.S. 356; 130 S.Ct. 1473; 176 L.Ed.2d 284 (2010). After holding such a hearing, the trial court should reconsider defendant's motion for relief from judgment on the merits in light of Padilla and Lee v United States, 582 U.S. 357; 137 S.Ct. 1958; 198 L.Ed.2d 476 (2017).
People v Ginther, 390 Mich. 436; 212 N.W.2d 922 (1973).
This order is to have immediate effect. MCR 7.215(F)(2). We do not retain jurisdiction.