Summary
remanding the case to the Court of Appeals to reconsider the issues raised in defendant's Standard 4 brief
Summary of this case from Coffin v. NapelOpinion
Docket No. 145912. COA No. 303750.
2013-02-6
PEOPLE of the State of Michigan, Plaintiff–Appellee, v. Keith MOORE, Defendant–Appellant.
Prior report: Mich.App., 2012 WL 2161018.
Order
On order of the Court, the application for leave to appeal the June 14, 2012 judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we VACATE the Court of Appeals judgment's resolution of the claim of ineffective assistance of counsel advanced in the defendant's Standard 4 brief, and we REMAND this case to the Court of Appeals for reconsiderationof that issue. See Haines v. Kerner, 404 U.S. 519, 520, 92 S.Ct. 594, 30 L.Ed.2d 652 (1972). In declining to review the defendant's ineffective assistance claims, the Court of Appeals “stress[ed]” that the “defendant made no effort to expand the record by moving to remand or for a new trial or evidentiary hearing below, nor [did] he suggest these remedies on appeal,” yet the defendant's Standard 4 brief contained two requests for a remand for an evidentiary hearing pursuant to People v. Ginther, 390 Mich. 436, 212 N.W.2d 922 (1973), and the defendant attached to his Standard 4 brief his affidavit, those of the three witnesses whom he contends defense counsel erred in failing to interview or call, and the allegedly deficient warrant affidavit that defense counsel failed to challenge. See People v. Hawkins, 468 Mich. 488, 498–499, 668 N.W.2d 602 (2003). In all other respects, leave to appeal is DENIED, because we are not persuaded that the remaining question presented should be reviewed by this Court. The motion to remand to the trial court is DENIED.
We do not retain jurisdiction.