Opinion
SC: 161521 COA: 347184
06-02-2021
PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Jonathan Wayne MCPHERSON, Defendant-Appellant.
Order
On order of the Court, the application for leave to appeal the May 14, 2020 judgment of the Court of Appeals is considered. Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE the judgment of the Court of Appeals. We REMAND this case to the Jackson Circuit Court for an evidentiary hearing pursuant to People v. Ginther , 390 Mich. 436, 212 N.W.2d 922 (1973), regarding whether the defendant's trial counsel rendered constitutionally ineffective assistance by: (1) failing to object under MRE 404(b) to the prosecutor's questions during the cross-examination of the defendant, see People v. Wilder , 502 Mich. 57, 917 N.W.2d 276 (2018) ; (2) presenting a diminished capacity defense, see People v. Carpenter , 464 Mich. 223, 241, 627 N.W.2d 276 (2001) ; and (3) failing to investigate and pursue an insanity defense based on the defendant's post-traumatic stress disorder. The motion to remand and motion to expand the record are DENIED.
We further ORDER the Jackson Circuit Court, in accordance with Administrative Order 2003-03, to determine whether the defendant is indigent and, if so, to appoint counsel to represent the defendant.
We do not retain jurisdiction.