Opinion
No. 106051.
May 20, 1997.
Reconsideration Granted May 20, 1997:
The Supreme Court's order dated January 28, 1997, ante at 853, is vacated, and, in lieu of granting leave to appeal, the portion of the Court of Appeals January 16, 1996, judgment and opinion, as amended by its rehearing order of March 22, 1996, addressing defendant's claims of being denied the effective assistance of counsel because the issues were decided without the benefit of the evidentiary hearing the defendant requested in his motion for remand, is vacated. MCR 7.302(F)(1). The case is remanded to the Court of Appeals which, while retaining jurisdiction, is to remand this case to the Wexford Circuit Court to conduct an evidentiary hearing on defendant's ineffective assistance of counsel claims. In all other respects the application for leave to appeal is denied. Jurisdiction is not retained.
Court of Appeals No. 150945.