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People v. Sheena

Supreme Court of Michigan

May 20, 2015

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee,
v.
FUAD FAROUK SHEENA, Defendant-Appellant

COA: 309522. Oakland CC: 2011-237051-FC.

Robert P. Young, Jr., Chief Justice. Stephen J. Markman, Mary Beth Kelly, Brian K. Zahra, Bridget M. McCormack, David F. Viviano, Richard H. Bernstein, Justices.

ORDER

On order of the Court, the application for leave to appeal the February 18, 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 REMAND this case to the Oakland Circuit Court for an evidentiary hearing, pursuant to People v Ginther, 390 Mich. 436; 212 N.W.2d 922 (1973), to determine whether

Page 649

the defendant was deprived of his right to the effective assistance of trial counsel based on counsel's failure to pursue an insanity defense. In all other respects, leave to appeal is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court.


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