People of Michigan v. Fuad Farouk Sheena

• Court: Michigan Supreme Court
• Decided: May 20, 2015
• Docket: 149691
• Status: Published

Opinion

Order Michigan Supreme Court Lansing, Michigan

May 20, 2015 Robert P. Young, Jr., Chief Justice

149691 Stephen J. Markman Mary Beth Kelly Brian K. Zahra Bridget M. McCormack David F. Viviano PEOPLE OF THE STATE OF MICHIGAN, Richard H. Bernstein, Plaintiff-Appellee, Justices

v SC: 149691 COA: 309522 Oakland CC: 2011-237051-FC FUAD FAROUK SHEENA, Defendant-Appellant.

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On order of the Court, the application for leave to appeal the February 18, 2014 judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we REMAND this case to the Oakland Circuit Court for an evidentiary hearing, pursuant to People v Ginther, 390 Mich 436 (1973), to determine whether the defendant was deprived of his right to the effective assistance of trial counsel based on counsel’s failure to pursue an insanity defense. In all other respects, leave to appeal is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court.

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court. May 20, 2015 d0513p Clerk