(Download) "People State Michigan v. Charnell Goodwin" by Supreme Court of Michigan ~ Book PDF Kindle ePub Free
eBook details
- Title: People State Michigan v. Charnell Goodwin
- Author : Supreme Court of Michigan
- Release Date : January 25, 1994
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
Order The defendant filed a delayed application for leave to appeal with this Court, and this Court ordered the prosecutor to show cause why this case should not be remanded to the Recorder's Court for the City of Detroit for a hearing on the question of whether the defendant received the effective assistance of trial counsel. We have reviewed the prosecutor's response to the June 15, 1993 order to show cause. The delayed application for leave to appeal is again considered, and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we VACATE the judgment of the Court of Appeals and we REMAND the case to the Recorder's Court for the City of Detroit for further proceedings on the effectiveness of counsel. People v Ginther, 390 Mich 436 (1973). Trial counsel advised defendant to accept a plea and sentencing agreement of life imprisonment for assault with intent to commit murder solely on the prospect that defendant might have faced first-degree murder charges, if the victim had died. Defendant asserts he was falsely led to believe the victim was near death. He pled guilty to the maximum possible offense and received a life sentence under the plea bargain, which substantially exceeded the sentencing guideline range of 96 to 180 months. There is reason to suspect, therefore, that the plea bargain may have been illusory. However, since no Ginther hearing was conducted, the record is inadequate for review of defendant's claims.
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