People of Michigan v. Kainte Deshawn Hickey ( 2019 )

Order Michigan Supreme Court
Lansing, Michigan
October 4, 2019 Bridget M. McCormack,
Chief Justice
158392 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: 158392
COA: 343891
Wayne CC: 07-020825-FC
KAINTE DESHAWN HICKEY,
Defendant-Appellant.
_________________________________________/
By order of May 22, 2019, the prosecuting attorney was directed to answer the
application for leave to appeal the July 19, 2018 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. Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we
REMAND this case to the Wayne Circuit Court for an evidentiary hearing pursuant to
People v Ginther, 390 Mich. 436 (1973), to determine whether the defendant was: (1)
denied the effective assistance of trial counsel due to trial counsel’s alleged failure to call
the alibi witnesses now identified by the defendant, and (2) denied the effective
assistance of appellate counsel on direct appeal due to that attorney’s failure to raise the
alleged ineffective assistance of trial counsel.
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.
October 4, 2019
a1001
Clerk