Order Michigan Supreme Court
Lansing, Michigan
June 26, 2007 Clifford W. Taylor,
Chief Justice
Michael F. Cavanagh
133078 Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 133078
COA: 269343
Wayne CC: 03-007369-01
JOHN DAVID STOCKMAN,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the October 11, 2006
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 (1) whether the defendant has raised a “significant
possibility” that he is innocent of the alleged crimes under MCR 6.508(D)(3); (2) whether
the affidavits accompanying the defendant’s motion for relief from judgment entitle him
to an evidentiary hearing on any of the issues his application has raised regarding that
proposed evidence; and (3) whether the defendant is entitled to an evidentiary hearing on
the ineffective assistance of trial counsel for the alleged failures to investigate and
procure the favorable medical testimony referenced in the affidavits. 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).
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.
June 26, 2007 _________________________________________
d0618 Clerk