Opinion
SC 163031 (102) COA 350061
03-08-2022
PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v. ANTOINE EARICO BOWMAN, Defendant-Appellant.
Wayne CC: 19-000114-FC
Brian K. Zahra David F. Viviano Richard H. Bernstein Elizabeth T. Clement Megan K. Cavanagh Elizabeth M. Welch, Justices
ORDER
Bridget M. McCormack, Chief Justice.
On order of the Court, the motion for reconsideration of this Court's November 29, 2021 order is considered, and it is GRANTED in part. We VACATE our order dated November 29, 2021. On reconsideration, the application for leave to appeal the April 22, 2021 judgment of the Court of Appeals is considered. Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE that part of the judgment of the Court of Appeals addressing the defendant's claim that he was denied the effective assistance of counsel by counsel's failure to object to the prosecutor's closing argument. We REMAND this case to the Wayne Circuit Court to conduct an evidentiary hearing pursuant to People v Ginther, 390 Mich. 436 (1973), to determine solely whether trial defense counsel was ineffective for failing to object to the prosecutor's closing argument that the defendant could not use self-defense because he was committing the crime of felon in possession of a firearm when he shot the victim, see People v Dupree, 486 Mich. 693 (2010). In all other respects, leave to appeal is DENIED, because we are not persuaded that the remaining question presented should be reviewed by this Court.
We do not retain jurisdiction.