Order Michigan Supreme Court
Lansing, Michigan
January 29, 2020 Bridget M. McCormack,
Chief Justice
David F. Viviano,
Chief Justice Pro Tem
160124
Stephen J. Markman
Brian K. Zahra
Richard H. Bernstein
Elizabeth T. Clement
PEOPLE OF THE STATE OF MICHIGAN, Megan K. Cavanagh,
Plaintiff-Appellee, Justices
v SC: 160124
COA: 338351
Macomb CC: 2016-002492-FH
LARRY JAMES BAILEY,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the June 27, 2019
judgment of the Court of Appeals is considered. Pursuant to MCR 7.305(H)(1), in lieu of
granting leave to appeal at this time, we REMAND this case to the Court of Appeals for
consideration of the issue not addressed by that court in its first or second review of this
case—whether defendant’s trial counsel was ineffective for failing to investigate and
present witnesses to support the theory of defense.
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.
January 29, 2020
s0122
Clerk