Order Michigan Supreme Court
Lansing, Michigan
September 14, 2007 Clifford W. Taylor,
Chief Justice
133154 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: 133154
COA: 274819
Wayne CC: 05-001492-01
ERNEST GRAY JACKSON,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the December 14, 2006
order of the Court of Appeals is considered, and it is DENIED, because we are not
persuaded that the questions presented should be reviewed by this Court. The denial is
without prejudice to the defendant’s right to file a motion for relief from judgment
pursuant to MCR 6.500 et seq. Moreover, if defendant chooses to file such a motion, the
trial court, and not the Attorney Grievance Commission, would be the appropriate forum
to conduct an evidentiary hearing regarding defendant’s claim that his counsel had a
conflict of interest, should it determine that an evidentiary hearing is required.
CAVANAGH and KELLY, JJ., would remand this case to the trial court for treatment
of the defendant's motions as a motion for relief from judgment pursuant to MCR 6.500
et seq. and, if necessary, for an evidentiary hearing regarding the defendant’s claim that
his counsel had a conflict of interest.
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.
September 14, 2007 _________________________________________
p0911 Clerk