People of Michigan v. Michael Eugene Barner

Michigan Supreme Court

People of Michigan v. Michael Eugene Barner

DecidedMarch 18, 2020

Docket159231

StatusPublished

This text of People of Michigan v. Michael Eugene Barner (People of Michigan v. Michael Eugene Barner) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People of Michigan v. Michael Eugene Barner, (Mich. 2020).

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Opinion

Order Michigan Supreme Court Lansing, Michigan

March 18, 2020 Bridget M. McCormack, Chief Justice

159231 David F. Viviano, Chief Justice Pro Tem

Stephen J. Markman Brian K. Zahra Richard H. Bernstein PEOPLE OF THE STATE OF MICHIGAN, Elizabeth T. Clement Plaintiff-Appellee, Megan K. Cavanagh, Justices v SC: 159231 COA: 345901 Berrien CC: 2011-003033-FC MICHAEL EUGENE BARNER, Defendant-Appellant. _________________________________________/

By order of October 3, 2019, the prosecuting attorney was directed to answer the application for leave to appeal the January 10, 2019 order of the Court of Appeals. On order of the Court, the answer having been received, the application for leave to appeal is again considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we REMAND this case to the Berrien Circuit Court for an evidentiary hearing. The court shall determine whether the defendant’s trial counsel was ineffective in regard to the information and advice counsel provided to the defendant about the plea offer and, if trial counsel was ineffective, the court shall reconsider that portion of the defendant’s motion for relief from judgment.

We do not retain jurisdiction.

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. March 18, 2020 p0311 Clerk

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Order Michigan Supreme Court Lansing, Michigan

March 18, 2020 Bridget M. McCormack, Chief Justice

159231 David F. Viviano, Chief Justice Pro Tem

Stephen J. Markman Brian K. Zahra Richard H. Bernstein PEOPLE OF THE STATE OF MICHIGAN, Elizabeth T. Clement Plaintiff-Appellee, Megan K. Cavanagh, Justices v SC: 159231 COA: 345901 Berrien CC: 2011-003033-FC MICHAEL EUGENE BARNER, Defendant-Appellant. _________________________________________/

By order of October 3, 2019, the prosecuting attorney was directed to answer the application for leave to appeal the January 10, 2019 order of the Court of Appeals. On order of the Court, the answer having been received, the application for leave to appeal is again considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we REMAND this case to the Berrien Circuit Court for an evidentiary hearing. The court shall determine whether the defendant’s trial counsel was ineffective in regard to the information and advice counsel provided to the defendant about the plea offer and, if trial counsel was ineffective, the court shall reconsider that portion of the defendant’s motion for relief from judgment.

We do not retain jurisdiction.

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. March 18, 2020 p0311 Clerk

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People of Michigan v. Michael Eugene Barner, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-of-michigan-v-michael-eugene-barner-mich-2020.