People of Michigan v. William Lee Allen Jr ( 2018 )

Order Michigan Supreme Court
Lansing, Michigan
May 23, 2018 Stephen J. Markman,
Chief Justice
155684 Brian K. Zahra
Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
Kurtis T. Wilder
PEOPLE OF THE STATE OF MICHIGAN, Elizabeth T. Clement,
Plaintiff-Appellee, Justices
v SC: 155684
COA: 335745
Alpena CC: 15-006455-FC
WILLIAM LEE ALLEN, JR.,
Defendant-Appellant.
_________________________________________/
By order of February 20, 2018, the prosecuting attorney was directed to answer
the application for leave to appeal the March 8, 2017 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 Alpena Circuit Court for an evidentiary hearing pursuant to
People v Ginther, 390 Mich. 436 (1973), to determine: (1) whether the defendant was
denied the effective assistance of appellate counsel on direct appeal due to counsel’s
failure to move for plea withdrawal pursuant to People v Cole, 491 Mich. 325 (2012); and
(2) whether the defendant is entitled to relief from judgment based on this claim. We
further ORDER the trial court, in accordance with Administrative Order 2003-03, to
determine whether the defendant is indigent and, if so, to appoint counsel to represent the
defendant at the evidentiary hearing.
We do not retain jurisdiction.
WILDER, J., did not participate because he was on the Court of Appeals panel.
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 23, 2018
t0516
Clerk