Order Michigan Supreme Court
Lansing, Michigan
October 24, 2017 Stephen J. Markman,
Chief Justice
Brian K. Zahra
Bridget M. McCormack
154444 David F. Viviano
Richard H. Bernstein
Joan L. Larsen
PEOPLE OF THE STATE OF MICHIGAN, Kurtis T. Wilder,
Plaintiff-Appellee, Justices
v SC: 154444
COA: 331947
Oakland CC: 2002-187234-FC
TRACY LYNN COWAN,
Defendant-Appellant.
_____________________________________/
By order of June 23, 2017, the prosecuting attorney was directed to answer the
application for leave to appeal the August 3, 2016 order of the Court of Appeals. On
order of the Court, the answer having been received, the application for leave to appeal is
again considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal,
we REMAND this case to the Oakland Circuit Court to conduct an evidentiary hearing
pursuant to People v Ginther, 390 Mich 436 (1973), to determine: (1) whether the
defendant’s trial counsel was ineffective for failing to call witnesses who may have
provided exculpatory information; and (2) whether the defendant is entitled to relief from
judgment based on these claims.
We further ORDER the trial court, in accordance with Administrative Order
2003-03, to determine whether the defendant is indigent and, if so, to appoint counsel to
represent the defendant at the evidentiary hearing. 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, Larry S. Royster, 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.
October 24, 2017
d1017
Clerk