Order Michigan Supreme Court
Lansing, Michigan
May 6, 2020 Bridget M. McCormack,
Chief Justice
160410 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: 160410
COA: 348914
Wayne CC: 11-009624-FC
WILLIAM LEWIS SMITH,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the September 10, 2019
order of the Court of Appeals is considered. Pursuant to MCR 7.305(H)(1), in lieu of
granting leave to appeal, we REMAND this case to the Wayne Circuit Court. The circuit
court erred when it held in its December 19, 2018 opinion and order that the defendant’s
claim of ineffective assistance of trial counsel was previously raised and decided by the
Court of Appeals. The defendant raised a different claim of ineffective assistance of trial
counsel on direct appeal. On remand, the circuit court shall reconsider the defendant’s
claim of ineffective assistance of trial counsel. In all other respects, leave to appeal is
DENIED, because the defendant has failed to meet the burden of establishing entitlement
to relief under MCR 6.508(D).
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.
May 6, 2020
a0429
Clerk