Opinion
SC: 158392 COA: 343891
10-04-2019
PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Kainte Deshawn HICKEY, Defendant-Appellant.
Order
By order of May 22, 2019, the prosecuting attorney was directed to answer the application for leave to appeal the July 19, 2018 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. Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we REMAND this case to the Wayne Circuit Court for an evidentiary hearing pursuant to People v. Ginther , 390 Mich. 436, 212 N.W.2d 922 (1973), to determine whether the defendant was: (1) denied the effective assistance of trial counsel due to trial counsel’s alleged failure to call the alibi witnesses now identified by the defendant, and (2) denied the effective assistance of appellate counsel on direct appeal due to that attorney’s failure to raise the alleged ineffective assistance of trial counsel.
We do not retain jurisdiction.