Order Michigan Supreme Court
Lansing, Michigan
Stephen J. Markman,
Chief Justice
January 3, 2018
Brian K. Zahra
Bridget M. McCormack
156204 & (52) David F. Viviano
Richard H. Bernstein
PEOPLE OF THE STATE OF MICHIGAN, Kurtis T. Wilder
Plaintiff-Appellee, Elizabeth T. Clement,
v SC: 156204 Justices
COA: 329480
Oakland CC: 2004-194051-FC
ERIC DARNELL GALLOWAY,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the June 15, 2017
judgment of the Court of Appeals and the motion for an evidentiary hearing are
considered. Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we
VACATE the judgment of the Court of Appeals, which did not address the defendant’s
argument that his trial counsel specifically failed to account for habitual offender
enhancement when advising the defendant regarding the applicable minimum guidelines
range and that, but for this error, the defendant would have accepted a plea offer with a
sentencing agreement and the trial court would have accepted the agreement. We
REMAND this case to the Court of Appeals, which, while retaining jurisdiction, shall
remand this case to the Oakland Circuit Court to conduct a hearing pursuant to People v
Ginther, 390 Mich 436 (1973). On remand, the trial court shall determine whether the
defendant was denied the effective assistance of trial counsel based on his claim that he
would have accepted a plea offer with a sentencing agreement, but for counsel’s error,
and that the trial court would have accepted the agreement. At the conclusion of the
hearing, the trial court shall reconsider the defendant’s motion for relief from judgment
under the prejudice analysis applicable to claims of ineffective assistance of counsel at
the plea stage. See People v Douglas, 496 Mich 557 (2014). The trial court shall then
forward the record and its findings to the Court of Appeals, which shall resolve the issues
presented by the defendant.
We do not retain jurisdiction.
WILDER, J., did not participate because he was on the Court of Appeals panel at an
earlier stage of the proceedings.
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.
January 3, 2018
d1220
Clerk