Order Michigan Supreme Court
Lansing, Michigan
July 15, 2010 Marilyn Kelly,
Chief Justice
139934 Michael F. Cavanagh
Elizabeth A. Weaver
Maura D. Corrigan
Robert P. Young, Jr.
PEOPLE OF THE STATE OF MICHIGAN, Stephen J. Markman
Plaintiff-Appellee, Diane M. Hathaway,
Justices
v SC: 139934
COA: 292470
Wayne CC: 02-006678-FH
STANLEY JEROME BROWN,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the September 24, 2009
order of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of
granting leave to appeal, we REMAND this case to the Court of Appeals for
consideration, as on leave granted, of whether: (1) the defendant received the effective
assistance of counsel where trial counsel failed to specifically request and procure the
National Counsel on Alcoholism and Drug Dependence staff activity logs before trial; (2)
trial counsel was ineffective for failing to cross-examine the complainant regarding
inconsistencies in her trial testimony, and between her trial testimony, preliminary
examination testimony, and what she claimed in the initial police report; (3) counsel
appointed to represent the defendant at the evidentiary hearing was ineffective for failing
to point out these inconsistencies to the trial court; and (4) newly discovered evidence
produced in the civil suit filed on behalf of the complainant, including all the
documentary evidence and deposition testimony that resulted from that suit (including,
but not necessarily limited to, the staff activity logs), requires a new trial. 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).
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.
July 15, 2010 _________________________________________
d0708 Clerk