PEOPLE OF MI V WALTER GALLOWAY

Court of Appeals, State of Michigan
ORDER
PEOPLE OF MI V WALTER GALLOWAY
Docket No. 372763
LC No. 19-006329-01-FC
Kathleen A. Feeney
Presiding Judge
Stephen L. Borrello
Sima G. Patel
Judges
The motion to remand is GRANTED. This case is REMANDED to the trial court for an
evidentiary hearing and decision whether defendant was denied the effective assistance of counsel. People
v Ginther, 390 Mich 436 (1973). Proceedings on remand are limited to the issues raised in the motion to
remand. This Court retains jurisdiction.
Defendant shall initiate the proceedings on remand within 14 days of the date of this order.
The time for further proceedings in this appeal shall begin to run on the issuance of an order in the trial
court that concludes the remand proceedings. However, if defendant fails to file a motion to initiate the
proceedings within the time provided, the time for further proceedings in this appeal shall begin to run at
the conclusion of that 14-day period. Defendant shall file with this Court a copy of any motion and
supporting brief filed in the trial court, and defendant shall file a copy of any order entered within 14 days
after entry.
The trial court shall hear and decide the matter within 56 days of the date of this order and
shall make an appropriate determination on the record. The trial court shall order a transcript of any
hearing on remand to be prepared at public expense and filed within 21 days after completion of the
proceedings.
Defendant may file a supplemental brief addressing the issues raised on remand within 21
days after the date of entry of the trial court’s order deciding the matter or the date the transcript is filed,
whichever is later. Plaintiff may file a supplemental brief in response.
_______________________________
Presiding Judge

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