People of Michigan v. Steven Bradley MacKenzie ( 2016 )

Order Michigan Supreme Court
Lansing, Michigan
November 17, 2016 Robert P. Young, Jr.,
Chief Justice
153848 Stephen J. Markman
Brian K. Zahra
Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
PEOPLE OF THE STATE OF MICHIGAN, Joan L. Larsen,
Plaintiff-Appellee, Justices
v SC: 153848
COA: 324893
Ionia CC: 2013-015962-FC
STEVEN BRADLEY MACKENZIE,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the April 26, 2016
judgment of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in
lieu of granting leave to appeal, we VACATE that part of the judgment of the Court of
Appeals addressing the defendant’s claim of ineffective assistance of trial counsel with
regard to counsel’s handling of the withdrawal of the defendant’s nolo contendere plea,
pursuant to MCR 6.310(B)(2). We REMAND this case to the Court of Appeals, which
shall retain jurisdiction while remanding the case to the Ionia Circuit Court to conduct an
evidentiary hearing pursuant to People v Ginther, 390 Mich. 436 (1973). At the
conclusion of the hearing, the circuit court shall then forward the record and its findings
to the Court of Appeals, which shall address the issues presented by the defendant.
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.
November 17, 2016
p1110
Clerk