Opinion
357874
08-24-2021
People of Michigan v. Derrick Nathanial Mosby
LC No. 20-444798-FH
Thomas C. Cameron, Anica Letica JudgesORDER
Kirsten Frank Kelly, Presiding Judge
The application for leave to appeal is GRANTED. The time for taking further steps in this appeal runs from the date of the Clerk's certification of this order. MCR 7.205(E)(3). This appeal is limited to the issues raised in the application and supporting brief. MCR 7.205(E)(4).
The motion to remand is GRANTED. This case is REMANDED to the trial court to allow defendant to file a motion for an evidentiary hearing regarding defendant's claim of a violation of the Double Jeopardy Clause and whether trial counsel was ineffective for failing to raise this issue below. Proceedings on remand are limited to the issues raised in the motion to remand. This Court retains jurisdiction.
Defendant shall initiate the proceedings on remand within 14 days of the date of this order. The time for further proceedings in this appeal shall begin to run on the issuance of an order in the trial court that concludes the remand proceedings. However, if defendant fails to file a motion to initiate the proceedings within the time provided, the time for further proceedings in this appeal shall begin to run at the conclusion of that 14-day period. Defendant shall file with this Court a copy of any motion and supporting brief filed in the trial court, and defendant shall file a copy of any order entered within 14 days after entry.
The trial court shall hear and decide the matter within 56 days of the date of this order and shall make an appropriate determination on the record. The trial court shall order a transcript of any hearing on remand to be prepared at public expense and filed within 21 days after completion of the proceedings.