Order Michigan Supreme Court
Lansing, Michigan
February 6, 2013 Robert P. Young, Jr.,
Chief Justice
145912 & (62) Michael F. Cavanagh
Stephen J. Markman
Mary Beth Kelly
Brian K. Zahra
Bridget M. McCormack,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 145912
COA: 303750
Wayne CC: 10-011562-FH
KEITH MOORE,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the June 14, 2012
judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in
lieu of granting leave to appeal, we VACATE the Court of Appeals judgment’s resolution
of the claim of ineffective assistance of counsel advanced in the defendant’s Standard 4
brief, and we REMAND this case to the Court of Appeals for reconsideration of that
issue. See Haines v Kerner, 404 US 519, 520 (1972). In declining to review the
defendant’s ineffective assistance claims, the Court of Appeals “stress[ed]” that the
“defendant made no effort to expand the record by moving to remand or for a new trial or
evidentiary hearing below, nor [did] he suggest these remedies on appeal,” yet the
defendant’s Standard 4 brief contained two requests for a remand for an evidentiary
hearing pursuant to People v Ginther, 390 Mich 436 (1973), and the defendant attached
to his Standard 4 brief his affidavit, those of the three witnesses whom he contends
defense counsel erred in failing to interview or call, and the allegedly deficient warrant
affidavit that defense counsel failed to challenge. See People v Hawkins, 468 Mich 488,
498-499 (2003). In all other respects, leave to appeal is DENIED, because we are not
persuaded that the remaining question presented should be reviewed by this Court. The
motion to remand to the trial court is DENIED.
We do not retain jurisdiction.
I, Corbin R. Davis, 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.
February 6, 2013 _________________________________________
p0130 Clerk