Opinion
SC: 160410 COA: 348914
05-06-2020
PEOPLE of the State of Michigan, Plaintiff-Appellee, v. William Lewis SMITH, Defendant-Appellant.
Order
On order of the Court, the application for leave to appeal the September 10, 2019 order of the Court of Appeals is considered. Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we REMAND this case to the Wayne Circuit Court. The circuit court erred when it held in its December 19, 2018 opinion and order that the defendant’s claim of ineffective assistance of trial counsel was previously raised and decided by the Court of Appeals. The defendant raised a different claim of ineffective assistance of trial counsel on direct appeal. On remand, the circuit court shall reconsider the defendant’s claim of ineffective assistance of trial counsel. In all other respects, leave to appeal is DENIED, because the defendant has failed to meet the burden of establishing entitlement to relief under MCR 6.508(D).