People v. Viaene

Following a jury trial, the defendant was found guilty of second-degree murder in violation of MCL 750.317; MSA 28.549. On appeal by right, the defendant moved for remand for an evidentiary hearing on his claim of ineffective assistance of counsel. This Court denied the defendant’s motion by order, which the defendant appealed to the Michigan Supreme Court. In lieu of granting leave to appeal, the Supreme Court remanded the case to this Court with directions to grant the defendant’s motion for a remand. 411 Mich 881 (1981). This Court ordered the remand and, following an evidentiary hearing,…