PEOPLE v. NARLOCK, 458 Mich. 861 (1998)

587 N.W.2d 637

No. 110487.Supreme Court of Michigan.
June 30, 1998

Summary Dispositions June 30, 1998:

In lieu of granting leave to appeal, the judgment of the Court of Appeals is vacated, and the order in which the Court of Appeals denied the defendant’s motion to remand is reversed. MCR 7.302(F)(1). The defendant’s timely motion showed that development of a factual record was required for appellate consideration of his arguments that his trial attorney was ineffective. See MCR 7.211(C)(1)(a) (ii) and People v Ginther, 390 Mich. 436 (1973). The case is remanded to the Court of Appeals, which, while retaining jurisdiction, is to remand this case to the Kent Circuit Court for a Ginther evidentiary hearing. On remand, if the defendant files a motion for a new trial, the circuit judge must rule on that motion. If the Kent Circuit Court orders a new trial, the Court of Appeals is to dismiss the appeal. If the Kent Circuit Court does not order a new trial, the Court of Appeals is, after remand, to reconsider the defendant’s arguments on the basis of the supplemented record. In all other respects leave to appeal is denied, because the Supreme Court is not persuaded that the questions presented should be reviewed by this Court before the proceedings required by this order. Jurisdiction is not retained. Court of Appeals No. 192425.