Order Michigan Supreme Court
Lansing, Michigan
October 24, 2012 Robert P. Young, Jr.,
Chief Justice
Michael F. Cavanagh
Marilyn Kelly
140422 Stephen J. Markman
Diane M. Hathaway
Mary Beth Kelly
Brian K. Zahra,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellant,
v SC: 140422
COA: 281197
Wayne CC: 07-009190-01
DEDRICK LAVONZ McCAULEY,
Defendant-Appellee.
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By order of January 12, 2011, the application for leave to appeal the January 19,
2010 judgment of the Court of Appeals was held in abeyance pending the decision in
Lafler v Cooper, cert gtd 131 S Ct 856 (2011). On order of the Court, the case having
been decided on March 21, 2012, 566 US ___; 132 S Ct 1376; 182 L Ed 2d 398 (2012),
the application is again considered and, pursuant to MCR 7.302(H)(1), in lieu of granting
leave to appeal, we REVERSE the judgment of the Court of Appeals, we VACATE the
judgment of sentence of the Wayne Circuit Court, and we REMAND this case to the trial
court for consideration of an appropriate remedy in light of Lafler. The trial court did not
clearly err in concluding that defense counsel was ineffective, and if the defendant had
been properly advised of the prosecutor’s aiding and abetting theory, that there was a
reasonable probability that the defendant would have accepted the prosecutor’s plea offer.
On remand, the prosecutor shall reoffer the plea proposal, and once this has occurred, the
trial court “may exercise discretion in deciding whether to vacate the conviction from
trial and accept the plea or leave the conviction undisturbed.” Lafler, slip op at 13. In
exercising that discretion, the trial court may consider the defendant’s willingness to
accept responsibility for his actions, and it may also consider any information concerning
the crime that was discovered after the plea offer was made to fashion a remedy that does
not require the prosecution to incur the expense of conducting a new trial. Id.
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.
October 24, 2012 _________________________________________
t1017 Clerk