People of Michigan v. Laurino James Scafone ( 2012 )

Order Michigan Supreme Court Lansing, Michigan March 26, 2012 Robert P. Young, Jr., Chief Justice Michael F. Cavanagh Marilyn Kelly 144480 Stephen J. Markman Diane M. Hathaway Mary Beth Kelly PEOPLE OF THE STATE OF MICHIGAN, Brian K. Zahra, Plaintiff-Appellant, Justices v SC: 144480 COA: 298072 Oakland CC: 2009-008934-AR LAURINO JAMES SCAFONE, Defendant-Appellee. _________________________________________/ On order of the Court, the application for leave to appeal the December 1, 2011 judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we VACATE the judgment of the Court of Appeals and we REMAND this case to the Court of Appeals for reconsideration in light of the newly discovered October 3, 2008 transcript of the defendant’s waiver of his right to a jury trial. If the court determines that the defendant validly waived his right to a jury trial, then it should address the defendant’s claim of ineffective assistance of counsel. We do not retain jurisdiction. I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court. March 26, 2012 _________________________________________ d0319 Clerk