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People v. McKeever

Supreme Court of Michigan.
Jun 3, 2015
497 Mich. 1033 (Mich. 2015)

Summary

In McKeever, a significant focus of the defendant's appeal was why Jennifer Craven, a purportedly important witness, did not testify at trial.

Summary of this case from People v. Six

Opinion

Docket No. 150383. COA No. 315771.

06-03-2015

PEOPLE of the State of Michigan, Plaintiff–Appellee, v. Wilbert Joseph McKEEVER, Defendant–Appellant.


Order

On order of the Court, the application for leave to appeal the September 16, 2014 judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we REVERSE that part of the Court of Appeals judgment holding that the defendant abandoned his claim of ineffective assistance of counsel, we REVERSE the Court of Appeals order denying the defendant's amended motion to remand for an evidentiary hearing, and we REMAND this case to the Wayne Circuit Court for an evidentiary hearing. The court shall determine whether trial counsel was ineffective for failing to call Jennifer Craven as a witness at trial, People v. Ginther, 390 Mich. 436, 212 N.W.2d 922 (1973), or whether the court ruled off the record that she could not testify and, if so, what was the basis for such a decision. To the extent that trial counsel failed to respond to the defendant's request for an affidavit on appeal, the defendant cannot be faulted for failing to overcome the presumption that counsel acted reasonably. In all other respects, leave to appeal is DENIED, because we are not persuaded that the remaining questions presented should be reviewed by this Court.

We do not retain jurisdiction.


Summaries of

People v. McKeever

Supreme Court of Michigan.
Jun 3, 2015
497 Mich. 1033 (Mich. 2015)

In McKeever, a significant focus of the defendant's appeal was why Jennifer Craven, a purportedly important witness, did not testify at trial.

Summary of this case from People v. Six
Case details for

People v. McKeever

Case Details

Full title:PEOPLE of the State of Michigan, Plaintiff–Appellee, v. Wilbert Joseph…

Court:Supreme Court of Michigan.

Date published: Jun 3, 2015

Citations

497 Mich. 1033 (Mich. 2015)
863 N.W.2d 330

Citing Cases

People v. Six

Remand is a sound and rational process in light of the total failure of the trial court to preserve the…

People v. McKeever

We do not retain jurisdiction. [People v McKeever, 497 Mich 1033; 863 NW2d 330 (2015).] On remand, the matter…