People of Michigan v. Clyde Richard Green ( 2018 )

Order Michigan Supreme Court Lansing, Michigan December 21, 2018 Stephen J. Markman, Chief Justice 156498 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: 156498 COA: 338712 Iosco CC: 13-008088-FH CLYDE RICHARD GREEN, Defendant-Appellant. _________________________________________/ By order of February 20, 2018, the prosecuting attorney was directed to answer the application for leave to appeal the July 25, 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 Court of Appeals for consideration, as on leave granted, of whether the defendant was denied the effective assistance of counsel by counsel’s failure to advise the defendant that the offense to which he was pleading no contest was a felony. In all other respects, leave to appeal is DENIED, because we are not persuaded that the remaining question presented should be reviewed by this Court. 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 21, 2018 t1217 Clerk