Opinion
SC 166998 COA 352596
09-11-2024
PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v. ANTWAN RAVELL FLEMING, Defendant-Appellant.
Wayne CC: 19-004889-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
On order of the Court, the application for leave to appeal the February 29, 2024 judgment of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE the judgment of the Court of Appeals and REMAND this case to the Wayne Circuit Court for an evidentiary hearing and decision on whether the defendant was denied the effective assistance of trial counsel. People v Ginther, 390 Mich. 436 (1973). In so ruling, we intimate no opinion as to whether there was ineffective assistance. Our conclusion is that the Court of Appeals should not have decided that issue without a Ginther hearing having been held. Proceedings on remand are limited to whether trial counsel provided the defendant with ineffective assistance by failing to request a voluntary manslaughter instruction. People v Yeager, 511 Mich. 478 (2023).
We do not retain jurisdiction.
Zahra, J., did not participate due to a familial relationship with counsel of record.