Order Michigan Supreme Court
Lansing, Michigan
September 10, 2008 Clifford W. Taylor,
Chief Justice
Michael F. Cavanagh
Elizabeth A. Weaver
134137 & (20) Marilyn Kelly
Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 134137
COA: 274184
Wayne CC: 02-006678-01
STANLEY JEROME BROWN,
Defendant-Appellant.
_________________________________________/
By order of April 28, 2008, the prosecuting attorney was directed to answer the
application for leave to appeal the May 14, 2007 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 7.302(G)(1), in lieu of granting leave to appeal, we
REMAND this case to the Wayne Circuit Court for a hearing to determine whether
defendant received the effective assistance of counsel, and whether newly discovered
evidence produced in the civil suit filed on behalf of the complainant requires a new trial.
People v Ginther, 390 Mich 436 (1973). In reviewing the assistance provided by
counsel, the circuit court shall determine if the defendant's trial attorney was ineffective
for failing to procure the National Counsel on Alcoholism and Drug Dependence staff
activity logs before trial, and for failing to cross-examine the complainant regarding
inconsistencies in her trial testimony, and between her trial testimony, preliminary
examination testimony, and what she claimed in the initial police report.
We further ORDER the Wayne Circuit 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 in the proceedings on remand.
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.
September 10, 2008 _________________________________________
d0903 Clerk