Opinion
367661
11-02-2023
People of Michigan v. Larry Donnell Bell Jr.
LC No. 2021-001483-FC
Michelle M. Rick Presiding Judge Michael F. Gadola Allie Greenleaf Maldonado Judges
ORDER
The application for leave to appeal is DENIED because we are not persuaded that the Court should consider granting leave to appeal prior to the remand proceedings provided for by this order. Accordingly, this order is without prejudice to either party filing a new application for leave to appeal after the trial court enters an order deciding the matters on remand.
The motion to remand is GRANTED. This case is REMANDED to the trial court for an evidentiary hearing and decision whether defendant was denied the effective assistance of counsel on the grounds raised in the application for leave to appeal and the motion to remand. People v Ginther, 390 Mich. 436 (1973). The trial court shall enter a written order deciding these claims of ineffective assistance of counsel.
We do not retain jurisdiction.