Order Michigan Supreme Court
Lansing, Michigan
May 20, 2020 Bridget M. McCormack,
Chief Justice
160899 & (92) 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: 160899
COA: 342166
Wayne CC: 16-008289-FC
LEMOND KINGSLEY BOYD,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the December 17, 2019
judgment 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 for an
evidentiary hearing pursuant to People v Ginther, 390 Mich 436 (1973), to consider
whether appellate counsel was ineffective for failing to move the trial court for a Ginther
hearing and trial counsel was ineffective for not calling the defendant as a witness to
support a self-defense claim. On remand, the trial court shall order the State Appellate
Defender Office, if feasible, to represent the defendant. The motion to expand the record
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.
May 20, 2020
p0513
Clerk