Opinion
349268
08-22-2023
People of Michigan v. Jonathan Joseph Good
LC No. 08-006437-FC
Kathleen Jansen Presiding Judge, Thomas C. Cameron, Michelle M. Rick Judges
ORDER
Kathleen Jansen, Presiding Judge.
The motion for immediate consideration is GRANTED.
The motion to set aside and for clarification is GRANTED. We clarify our April 13, 2023 order to add that, on remand, the trial court is to determine whether good cause exists for appellate counsel's failure to raise the issues argued by defendant in his motion for relief from judgment, including that appellate counsel was ineffective for not asserting that trial counsel was ineffective in arguments regarding the validity of defendant's arrest. "The defendant has the burden of establishing the factual predicate of his ineffective assistance claim." People v Douglas, 496 Mich. 557, 592; 852 N.W.2d 587 (2014) (citation omitted). Defendant therefore may develop a factual record with testimony from trial counsel and from appellate counsel.
We retain jurisdiction.