Order Michigan Supreme Court
Lansing, Michigan
November 2, 2016 Robert P. Young, Jr.,
Chief Justice
Stephen J. Markman
Brian K. Zahra
151612 & (49) Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
Joan L. Larsen,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 151612
COA: 319727
Oakland CC: 2013-244985-FH
DETRICK DORAL LANCE,
Defendant-Appellant.
_________________________________________/
By order of December 11, 2015, the prosecuting attorney was directed to answer
the application for leave to appeal the March 24, 2015 judgment 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 VACATE in part the judgment of the Court of Appeals, and we REMAND
this case to the Oakland Circuit Court for a hearing to determine whether the defendant
received ineffective assistance of counsel. People v Ginther, 390 Mich 436 (1973). The
trial court shall determine whether the defendant’s trial counsel exercised reasonable
strategy in failing to seek dismissal of the criminal charges on the basis that they were
barred by the six-year statute of limitations of MCL 767.24. The trial court shall consider
the March 1, 2013 filing of the information to be the event that stopped the running of the
statute of limitations. If the trial court determines that counsel did not exercise
reasonable strategy, it must vacate the defendant’s convictions. If there is a factual
dispute as to whether the defendant’s charges were barred by the statute of limitations,
the trial court may order a new trial, at which the defendant may present a statute-of-
limitations defense to the trier of fact. See People v Price, 74 Mich 37, 44 (1889); People
v Wright, 161 Mich App 682, 685-686 (1987); People v Artman, 218 Mich App 236, 239
(1996); People v Owen, 251 Mich App 76, 86 (2002). The motion to supplement answer
is GRANTED.
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 2, 2016
s1026
Clerk