Order Michigan Supreme Court
Lansing, Michigan
November 15, 2006 Clifford W. Taylor,
Chief Justice
131779 Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
PEOPLE OF THE STATE OF MICHIGAN, Robert P. Young, Jr.
Plaintiff-Appellant, Stephen J. Markman,
Justices
v SC: 131779
COA: 257846
Eaton CC: 03-020327-FH
RICHARD LEE HASSELBRING,
Defendant-Appellee.
_________________________________________/
On order of the Court, the application for leave to appeal the July 21, 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 VACATE the order of the Court of Appeals and we
REMAND this case to the Court of Appeals for plenary consideration of (1) whether the
trial court correctly determined that the defense expert’s testimony would have been
admissible without the hearsay and opinion evidence cited in the trial court opinion; and
(2) whether trial counsel’s failure to object to testimony he believed necessary for the
admission of the defense expert’s opinion deprived the defendant of effective assistance
of counsel. On remand, if the Court of Appeals determines that the trial court erred in
finding ineffective assistance of counsel, the Court of Appeals shall consider the
unaddressed issues raised in the defendant’s appeal of right.
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.
November 15, 2006 _________________________________________
p1108 Clerk