Categories: Michigan Supreme Court Opinions

PEOPLE v. CAGLE, 472 Mich. 884 (2005)

695 N.W.2d 66

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v. MARVIN F. CAGLE, Defendant-Appellant.

No. 126207 (18)(25)(31).Supreme Court of Michigan.
April 7, 2005.

SC: 126207, COA: 252838, Oakland CC: 1992-119017-FC, 1992-119018-FC, 1992-119019-FC.

Defendant filed an application for leave to appeal and this Court directed the prosecutor to answer defendant’s application. Defendant’s application and the prosecutor’s response to this Court’s November 29, 2004 order have been considered.

On order of the Court, the application for leave to appeal the April 6, 2004 order of the Court of Appeals is again considered and, pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we REMAND this case to the Oakland Circuit Court for a hearing to determine whether defendant received the ineffective assistance of counsel. People v. Ginther, 390 Mich 436 (1973). Defendant was charged with and pled no contest in 1992 to six counts of first-degree criminal sexual conduct based on alleged acts committed between June of 1979 and November of 1981. At the time defendant entered his plea, the charges against him were barred by the six-year statute of limitations of MCL 767.24 in effect at the time the crimes were allegedly committed. The

Page 885

circuit court shall determine whether defendant was informed by his counsel of the expiration of the statute of limitations on the charges brought against him and whether defendant indicated that he wished to waive this defense. If the circuit court determines that defendant was not so informed and did not knowingly waive the defense, the court shall vacate defendant’s convictions. Defendant’s other pending motions are DENIED as moot.

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