Opinion
SC 164708 COA: 353296
10-20-2023
PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v. ANTHONY JEROME DeLEON, Defendant-Appellant.
Macomb CC: 2005-003245-FC
Elizabeth T. Clement, Chief Justice, Brian K. Zahra, David F. Viviano, Richard H. Bernstein, Megan K. Cavanagh, Elizabeth M. Welch, Kyra H. Bolden, Justices
ORDER
By order of May 31, 2023, the prosecuting attorney was directed to answer the application for leave to appeal the June 23, 2022 judgment of the Court of Appeals. On order of the Court, the answer having been received, the application for leave to appeal is again considered. Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, while retaining jurisdiction, we REMAND this case to the Macomb Circuit Court for further proceedings. On remand, the trial court shall expressly articulate its findings with respect to whether trial counsel's failure to call the expert witness was a matter of reasonable trial strategy and whether the defendant has shown good cause for his failure to present his current theories for relief on direct review. Specifically, in its March 11, 2020 opinion granting a new trial, the court opined that trial counsel's representations to the court at trial about why he did not call Dr. Herbert MacDonell as a witness "may have been mistaken," that the defendant "may not have been" consulted about the decision, and that the failure to call the witness "may not have been" a strategic decision. The trial court shall expressly determine whether trial counsel's decision was a matter of deliberate strategy and, if so, what that strategy was, and whether his decision was objectively reasonable. The court shall make express credibility judgments and any other necessary findings as to the facts supporting those conclusions. The trial court shall also articulate specific factual findings in support of its conclusion that the defendant has shown good cause for failure to present his current claims on direct review, and it shall state whether it would waive the "good cause" requirement on the ground that there is a significant possibility that the defendant is actually innocent. The trial court shall forward its decision on remand to the Clerk of this Court within 56 days of the date of this order.