Order Michigan Supreme Court
Lansing, Michigan
December 7, 2011 Robert P. Young, Jr.,
Chief Justice
143386 Michael F. Cavanagh
Marilyn Kelly
Stephen J. Markman
Diane M. Hathaway
Mary Beth Kelly
PEOPLE OF THE STATE OF MICHIGAN, Brian K. Zahra,
Plaintiff-Appellee, Justices
v SC: 143386
COA: 290336
Oakland CC: 2005-203484-FH
JACOB TRAKHTENBERG,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the May 19, 2011
judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall
address: (1) whether the “attorney judgment rule,” as applied in a related case involving
a claim of legal malpractice made by the defendant against his trial counsel in this
criminal case, can be applied under a collateral estoppel theory to bar substantive review
of evidence adduced at a hearing ordered by this Court to determine whether the
defendant was denied his constitutional right to effective assistance of counsel and, if not,
(2) whether, in light of the record developed on remand, the defendant is entitled to a new
trial on the ground that he was denied his constitutional right to effective assistance of
counsel, and (3) whether the defendant is entitled to a new trial on the basis of newly
discovered evidence.
The Criminal Defense Attorneys of Michigan and the Prosecuting Attorneys
Association of Michigan are invited to file briefs amicus curiae. Other persons or groups
interested in the determination of the issues presented in this case may move the Court
for permission to file briefs amicus curiae.
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.
December 7, 2011 _________________________________________
y1130 Clerk