People of Michigan v. William Lewis Smith

Michigan Supreme Court

People of Michigan v. William Lewis Smith

DecidedMay 6, 2020

Docket160410

StatusPublished

This text of People of Michigan v. William Lewis Smith (People of Michigan v. William Lewis Smith) 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. William Lewis Smith, (Mich. 2020).

Pincite

Opinion

Order Michigan Supreme Court Lansing, Michigan

May 6, 2020 Bridget M. McCormack, Chief Justice

160410 David F. Viviano, Chief Justice Pro Tem

Stephen J. Markman Brian K. Zahra PEOPLE OF THE STATE OF MICHIGAN, Richard H. Bernstein Plaintiff-Appellee, Elizabeth T. Clement Megan K. Cavanagh, Justices v SC: 160410 COA: 348914 Wayne CC: 11-009624-FC WILLIAM LEWIS SMITH, Defendant-Appellant.

_________________________________________/

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).

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 6, 2020 a0429 Clerk

Free access — add to your briefcase to read the full text and ask questions with AI

Order Michigan Supreme Court Lansing, Michigan

May 6, 2020 Bridget M. McCormack, Chief Justice

160410 David F. Viviano, Chief Justice Pro Tem

Stephen J. Markman Brian K. Zahra PEOPLE OF THE STATE OF MICHIGAN, Richard H. Bernstein Plaintiff-Appellee, Elizabeth T. Clement Megan K. Cavanagh, Justices v SC: 160410 COA: 348914 Wayne CC: 11-009624-FC WILLIAM LEWIS SMITH, Defendant-Appellant.

_________________________________________/

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).

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 6, 2020 a0429 Clerk

Cite This Page — Counsel Stack

Bluebook (online)

People of Michigan v. William Lewis Smith, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-of-michigan-v-william-lewis-smith-mich-2020.