Opinion
No. 104112.
October 23, 1996
Summary Disposition October 23, 1996:
In lieu of granting leave to appeal, the judgment of the Court of Appeals is reversed, and the order of the trial court which granted defendant a new trial is reinstated. MCR 7.302(F)(1). Trial counsel had a conflict of interest that was not waived by defendant and which denied him the effective assistance of counsel. People v Pickens, 446 Mich. 298 (1994).
Pursuant to MRPC 8.3(a), in light of the testimony at the evidentiary hearing on remand and the findings of fact made by Judge Jackson, the Clerk is instructed to send a copy of this order, the evidentiary hearing transcript, and the order granting a new trial to the Attorney Grievance Commission for appropriate investigation concerning the actions of Cyril C. Hall (P29121). This Court intimates no opinion regarding the actions that should be taken by the Attorney Grievance Commission or any other disciplinary authority.
Jurisdiction is not retained.
Court of Appeals No. 173171.
I would grant leave to appeal.