Ineffective assistance of counsel; Failure to object to the prosecution’s closing argument; Failure to request M Crim JI 7.25; Remand for an evidentiary hearing; People v Ginther

In an order in lieu of granting leave to appeal, the court vacated the part of the Court of Appeals’ judgment (see e-Journal # 75282 in the 4/29/21 edition) regarding defendant’s claim that his trial counsel was ineffective for failing to object to the prosecution’s closing argument. The court remanded the case to the trial court for an evidentiary hearing pursuant to Ginther “to determine whether: (1) trial defense counsel was ineffective for failing to object to the prosecutor’s closing argument that the defendant could not use self-defense because he was committing the crime of felon in possession of a firearm at the time he shot the victim, . . . and (2) trial counsel was ineffective for failing to ask the trial court to instruct the jury in accordance with M Crim JI 7.25.” It denied leave to appeal in all other respects because it was not persuaded that it should review the remaining question presented.