Summary
remanding to the circuit court to conduct an evidentiary hearing into the defendant's claim of ineffective assistance of counsel despite the defendant's not clearly raising the issue below
Summary of this case from Mich. Gun Owners, Inc. v. Ann Arbor Pub. Sch.Opinion
SC: 154444 COA: 331947
10-24-2017
PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Tracy Lynn COWAN, Defendant-Appellant.
Order
By order of June 23, 2017, the prosecuting attorney was directed to answer the application for leave to appeal the August 3, 2016 order of the Court of Appeals. On order of the Court, the answer having been received, the application for leave to appeal is again considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we REMAND this case to the Oakland Circuit Court to conduct an evidentiary hearing pursuant to People v Ginther , 390 Mich 436, 212 N.W.2d 922 (1973), to determine: (1) whether the defendant's trial counsel was ineffective for failing to call witnesses who may have provided exculpatory information; and (2) whether the defendant is entitled to relief from judgment based on these claims.We further ORDER the trial court, in accordance with Administrative Order 2003-03, to determine whether the defendant is indigent and, if so, to appoint counsel to represent the defendant at the evidentiary hearing. In all other respects, leave to appeal is DENIED, because the defendant has failed to meet the burden of establishing entitlement to relief under MCR 6.508(D).
We do not retain jurisdiction.