Order Michigan Supreme Court
Lansing, Michigan
March 19, 2008 Clifford W. Taylor,
Chief Justice
135149 Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
PEOPLE OF THE STATE OF MICHIGAN, Robert P. Young, Jr.
Plaintiff-Appellee, Stephen J. Markman,
Justices
v SC: 135149
COA: 279017
Wayne CC: 05-003228
ALEXANDER ACEVAL,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the October 5, 2007
order of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(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 the defendant was denied the right to
counsel of his choice under United States v Gonzalez-Lopez, 548 US 140; 126 S Ct 2557;
165 L Ed 2d 409 (2006), and for consideration of whether the prosecution’s acquiescence
in the presentation of perjured testimony amounts to misconduct that deprived the
defendant of due process such that retrial should be barred. In all other respects, leave to
appeal is DENIED, because we are not persuaded that the remaining questions presented
should be reviewed by this Court.
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.
March 19, 2008 _________________________________________
p0312 Clerk