PEOPLE OF MI V NICHOLAS JAMES PHILLIPS

Court of Appeals, State of Michigan
ORDER
PEOPLE OF MI V NICHOLAS JAMES PHILLIPS
Docket No. 373168
LC No. 22-010413-FH
Daniel S. Korobkin
Presiding Judge
Colleen A. O’Brien
Philip P. Mariani
Judges
The confession of error is APPROVED. Defendant-appellant’s conviction is REVERSED,
and this case is REMANDED for a new trial because defense counsel’s failure to abide by defendant’s
objective of maintaining his innocence and defense counsel conceding defendant’s guilt to the lesser-
included offense violated defendant’s Sixth Amendment-secured autonomy. McCoy v Louisiana, 584 US
414, 423, 426-428; 138 S Ct 1500; 200 L Ed 2d 821 (2018); People v Klungle, ___ Mich App ___, ___;
___ NW3d ___ (2024) (Docket Nos. 364125, 367795); slip op at 3.
This order concludes this appeal and has immediate effect. MCR 7.215(F)(2). We do not
retain jurisdiction.
_______________________________
Presiding Judge
A true copy entered and certified by Jerome W. Zimmer Jr. , Chief Clerk, on
Date

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