People of Michigan v. Shane Jeremy Hawkins ( 2019 )

Order Michigan Supreme Court
Lansing, Michigan
December 23, 2019 Bridget M. McCormack,
Chief Justice
David F. Viviano,
Chief Justice Pro Tem
159215
Stephen J. Markman
Brian K. Zahra
Richard H. Bernstein
Elizabeth T. Clement
PEOPLE OF THE STATE OF MICHIGAN, Megan K. Cavanagh,
Plaintiff-Appellee, Justices
v SC: 159215
COA: 339020
Monroe CC: 16-243183-FH
SHANE JEREMY HAWKINS,
Defendant-Appellant.
_________________________________________/
By order of July 29, 2019, the prosecuting attorney was directed to answer Issue II
of the application for leave to appeal the January 17, 2019 judgment of the Court of
Appeals. On order of the Court, the answer having been received, the application is again
considered. Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we
VACATE that part of the Court of Appeals judgment addressing whether the defendant
established that Detective Boczar’s testimony was sufficiently prejudicial to warrant
reversal, and we REMAND this case to the Court of Appeals to address the question
whether the defendant has established that there is a reasonable probability that, but for
defense counsel’s failure to object to Detective Boczar’s testimony, the outcome of this
trial would have been different. Strickland v Washington, 466 US 668, 694 (1984).
While the Court of Appeals quoted the “reasonable probability” standard for determining
prejudice in ineffective assistance of counsel cases, the panel did not clearly apply this
standard. Instead, the panel concluded that Detective Boczar’s testimony “did not rise to
the level of overwhelming the proper evidence.” Slip Op, p 8. 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.
December 23, 2019
s1218
Clerk