Opinion
No. 103945.
June 21, 1996
Leave to Appeal Denied June 21, 1996:
The defendant has failed to meet the burden of establishing entitlement to relief under MCR 6.508(D).
Court of Appeals No. 184559.
I would appoint counsel for the defendant, if indigent, to file a supplemental brief in support of his application for leave to appeal, with a view to remanding for an evidentiary hearing.
Although one of the issues is similar to the one dealt with in People v Ryan, 451 Mich. 30 (1996), an evidentiary hearing on this and the other issues might support a different assessment by this Court.
CAVANAGH, J. I concur in the statement of Justice LEVIN.