People of Michigan v. Jonathan David Hewitt-El

On March 7, 2018, the Court heard oral argument on the application for leave to appeal the November 17, 2016 judgment of the Court of Appeals. On order of the Court, the application is again considered. Pursuant to MCR 7.305(H)(1), and in light of the prosecutor's concession that defendant's argument that trial counsel was ineffective for failing to seek suppression of his prior convictions under MRE 609 was not decided against him on direct appeal, we VACATE the Court of Appeals opinion and REMAND this case to that court for reconsideration. On remand, the Court of Appeals shall consider all of the defendant's claims of error in light of the prosecutor's concession and determine whether he is entitled to relief under MCR 6.508(D) under the proper standard, namely reviewing the Wayne Circuit Court's decision to grant the motion for relief from judgment for an abuse of discretion and reviewing its factual findings for clear error. See People v. Swain , 288 Mich.App. 609 , 628, 794 N.W.2d 92 (2010) ; People v. McSwain , 259 Mich.App. 654 , 681, 676 N.W.2d 236 (2003). The Court of Appeals shall forward its decision on remand to the Clerk of this Court within 60 days of the date of this order. We retain jurisdiction.