People of Michigan v. Wilbert Joseph McKeever

Opinion

Order Michigan Supreme Court Lansing, Michigan

June 3, 2015 Robert P. Young, Jr., Chief Justice

Stephen J. Markman

Mary Beth Kelly

150383 Brian K. Zahra Bridget M. McCormack

David F. Viviano

PEOPLE OF THE STATE OF MICHIGAN, Richard H. Bernstein, Plaintiff-Appellee, Justices

v SC: 150383 COA: 315771 Wayne CC: 12-007733-FH

WILBERT JOSEPH MCKEEVER, Defendant-Appellant.

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On order of the Court, the application for leave to appeal the September 16, 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 REVERSE that part of the Court of Appeals judgment holding that the defendant abandoned his claim of ineffective assistance of counsel, we REVERSE the Court of Appeals order denying the defendant’s amended motion to remand for an evidentiary hearing, and we REMAND this case to the Wayne Circuit Court for an evidentiary hearing. The court shall determine whether trial counsel was ineffective for failing to call Jennifer Craven as a witness at trial, People v Ginther, 390 Mich 436 (1973), or whether the court ruled off the record that she could not testify and, if so, what was the basis for such a decision. To the extent that trial counsel failed to respond to the defendant’s request for an affidavit on appeal, the defendant cannot be faulted for failing to overcome the presumption that counsel acted reasonably. In all other respects, leave to appeal is DENIED, because we are not persuaded that the remaining questions presented should be reviewed by this Court.

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.

June 3, 2015

a0527

Clerk