Ginther3 hearing in Michigan

2025Because the trial court did not hold a Ginther3 hearing before it decided Ivey’s motion for a new trial, and this Court denied Ivey’s motion to remand for a Ginther hearing,4 “our review is limited to mistakes apparent on the record.” People v Cox, 268 Mich App 440, 453 ; 709 NW2d 152 (2005). 3 People v Ginther, 390 Mich 436 ; 212 NW2d 922 (1973). 4 People v Ivey, unpublished order of the Court of Appeals, entered November 12, 2024 (Docket No. 365368). -3- “Both the Michigan and the United States Constitutions require that a criminal defendant enjoy the assistance of counsel for his or her def

2025Because the trial court did not hold a Ginther3 hearing before it decided Ivey’s motion for a new trial, and this Court denied Ivey’s motion to remand for a Ginther hearing,4 “our review is limited to mistakes apparent on the record.” People v Cox, 268 Mich App 440, 453 ; 709 NW2d 152 (2005). 3 People v Ginther, 390 Mich 436 ; 212 NW2d 922 (1973). 4 People v Ivey, unpublished order of the Court of Appeals, entered November 12, 2024 (Docket No. 365368). -3- “Both the Michigan and the United States Constitutions require that a criminal defendant enjoy the assistance of counsel for his or her def

2026“When no Ginther3 hearing has been conducted, our review of the defendant’s claim of ineffective assistance of counsel is limited to mistakes that are apparent on the record.” People v Mack, 265 Mich App 122, 125 ; 695 NW2d 342 (2005).

2026“When no Ginther3 hearing has been conducted, our review of the defendant’s claim of ineffective assistance of counsel is limited to mistakes that are apparent on the record.” People v Mack, 265 Mich App 122, 125 ; 695 NW2d 342 (2005).

2020Since defendant did not preserve this claim by filing a motion for a new trial or a Ginther3 hearing to develop a record to support the claim,4 People v Sabin (On Second Remand), 242 Mich App 656, 658-659 ; 620 NW2d 19 (2000), “our review is limited to the facts on the record.” People v Wilson, 242 Mich App 350, 352 ; 619 NW2d 413 (2000), citing People v Hedelsky, 162 Mich App 382, 387 ; 412 NW2d 746 (1987).

2020Since defendant did not preserve this claim by filing a motion for a new trial or a Ginther3 hearing to develop a record to support the claim,4 People v Sabin (On Second Remand), 242 Mich App 656, 658-659 ; 620 NW2d 19 (2000), “our review is limited to the facts on the record.” People v Wilson, 242 Mich App 350, 352 ; 619 NW2d 413 (2000), citing People v Hedelsky, 162 Mich App 382, 387 ; 412 NW2d 746 (1987).

2024To preserve an ineffective-assistance-of-counsel claim for appellate review, a defendant must move for a new trial or request an evidentiary hearing in the trial court, People v Heft, 299 Mich App 69, 80 ; 829 NW2d 266 (2012), or file a motion for remand to the trial court for a Ginther3 hearing, People v Abcumby-Blair, 335 Mich App 210 , 227; 966 NW2d 437 (2020).

2024To preserve an ineffective-assistance-of-counsel claim for appellate review, a defendant must move for a new trial or request an evidentiary hearing in the trial court, People v Heft, 299 Mich App 69, 80 ; 829 NW2d 266 (2012), or file a motion for remand to the trial court for a Ginther3 hearing, People v Abcumby-Blair, 335 Mich App 210 , 227; 966 NW2d 437 (2020).

2024Defendant failed to preserve this claim by either moving for a new trial or requesting a Ginther3 hearing, People v Jackson (On Reconsideration), 313 Mich App 409, 431 ; 884 NW2d 297 (2015), so this Court’s review is limited to errors apparent on the record, Spaulding, 332 Mich App at 656.

2024Defendant failed to preserve this claim by either moving for a new trial or requesting a Ginther3 hearing, People v Jackson (On Reconsideration), 313 Mich App 409, 431 ; 884 NW2d 297 (2015), so this Court’s review is limited to errors apparent on the record, Spaulding, 332 Mich App at 656.

2026Because no Ginther3 hearing was conducted, “our review is limited to mistakes that are apparent from the record.” People v Miller, 326 Mich App 719, 726 ; 929 NW2d 821 (2019).

2026Because no Ginther3 hearing was conducted, “our review is limited to mistakes that are apparent from the record.” People v Miller, 326 Mich App 719, 726 ; 929 NW2d 821 (2019).

2025Because the trial court did not hold a Ginther3 hearing before it decided Ivey’s motion for a new trial, and this Court denied Ivey’s motion to remand for a Ginther hearing,4 “our review is limited to mistakes apparent on the record.” People v Cox, 268 Mich App 440, 453 ; 709 NW2d 152 (2005). 3 People v Ginther, 390 Mich 436 ; 212 NW2d 922 (1973). 4 People v Ivey, unpublished order of the Court of Appeals, entered November 12, 2024 (Docket No. 365368). -3- “Both the Michigan and the United States Constitutions require that a criminal defendant enjoy the assistance of counsel for his or her def

2025Because the trial court did not hold a Ginther3 hearing before it decided Ivey’s motion for a new trial, and this Court denied Ivey’s motion to remand for a Ginther hearing,4 “our review is limited to mistakes apparent on the record.” People v Cox, 268 Mich App 440, 453 ; 709 NW2d 152 (2005). 3 People v Ginther, 390 Mich 436 ; 212 NW2d 922 (1973). 4 People v Ivey, unpublished order of the Court of Appeals, entered November 12, 2024 (Docket No. 365368). -3- “Both the Michigan and the United States Constitutions require that a criminal defendant enjoy the assistance of counsel for his or her def

2018Further, because he failed to raise it in either a timely filed motion for a new trial, People v Wilson, 242 Mich App 350, 352 ; 619 NW2d 413 (2000), or a motion for a Ginther3 hearing, People v Hurst, 205 Mich App 634, 641 ; 517 NW2d 858 (1994), our review of defendant’s claim of ineffective assistance of counsel “is limited to errors apparent on the record.” People v Matuszak, 263 Mich App 42, 48 ; 687 NW2d 342 (2004).

2018Further, because he failed to raise it in either a timely filed motion for a new trial, People v Wilson, 242 Mich App 350, 352 ; 619 NW2d 413 (2000), or a motion for a Ginther3 hearing, People v Hurst, 205 Mich App 634, 641 ; 517 NW2d 858 (1994), our review of defendant’s claim of ineffective assistance of counsel “is limited to errors apparent on the record.” People v Matuszak, 263 Mich App 42, 48 ; 687 NW2d 342 (2004).

2019People v Jordan, 275 Mich App 659, 667 ; 739 NW2d 706 (2007).

2019People v Jordan, 275 Mich App 659, 667 ; 739 NW2d 706 (2007).

2018To demonstrate ineffective assistance of counsel, a defendant must (1) “show that counsel’s performance was deficient[,]” and (2) “that the deficient performance prejudiced the defense.” People v Carbin, 463 Mich 590, 600 ; 623 NW2d 884 (2001), quoting Strickland v Washington, 466 US 668, 687, 688 ; 104 S Ct 2052 ; 80 L Ed 2d 674 (1984) (quotation marks omitted).

2018To demonstrate ineffective assistance of counsel, a defendant must (1) “show that counsel’s performance was deficient[,]” and (2) “that the deficient performance prejudiced the defense.” People v Carbin, 463 Mich 590, 600 ; 623 NW2d 884 (2001), quoting Strickland v Washington, 466 US 668, 687, 688 ; 104 S Ct 2052 ; 80 L Ed 2d 674 (1984) (quotation marks omitted).

2018Further, because he failed to raise it in either a timely filed motion for a new trial, People v Wilson, 242 Mich App 350, 352 ; 619 NW2d 413 (2000), or a motion for a Ginther3 hearing, People v Hurst, 205 Mich App 634, 641 ; 517 NW2d 858 (1994), our review of defendant’s claim of ineffective assistance of counsel “is limited to errors apparent on the record.” People v Matuszak, 263 Mich App 42, 48 ; 687 NW2d 342 (2004).

2018Further, because he failed to raise it in either a timely filed motion for a new trial, People v Wilson, 242 Mich App 350, 352 ; 619 NW2d 413 (2000), or a motion for a Ginther3 hearing, People v Hurst, 205 Mich App 634, 641 ; 517 NW2d 858 (1994), our review of defendant’s claim of ineffective assistance of counsel “is limited to errors apparent on the record.” People v Matuszak, 263 Mich App 42, 48 ; 687 NW2d 342 (2004).

2017To demonstrate ineffective assistance of counsel, a defendant must (1) “show that counsel’s performance was deficient,” and (2) “show that the deficient performance prejudiced schedule 1 controlled substance under MCL 333.7212 of the Public Health Code.” Feezel, 486 Mich at 204-205 . 2 In his issue statement, defendant also argues that defense counsel was ineffective for failing to elicit testimony concerning whether Nikkie’s sternum injury could have been caused by her impact with the steering wheel.

2017To demonstrate ineffective assistance of counsel, a defendant must (1) “show that counsel’s performance was deficient,” and (2) “show that the deficient performance prejudiced schedule 1 controlled substance under MCL 333.7212 of the Public Health Code.” Feezel, 486 Mich at 204-205 . 2 In his issue statement, defendant also argues that defense counsel was ineffective for failing to elicit testimony concerning whether Nikkie’s sternum injury could have been caused by her impact with the steering wheel.

2017First, these claims are beyond the scope of this appeal, which is limited to resentencing. “[W]here an appellate court remands for some limited purpose following an appeal as of right in a criminal case, a second appeal as of right, limited to the scope of the remand, lies from the decision on remand.” People v Kincade, 206 Mich App 477, 481 ; 522 NW2d 880 (1994) (emphasis added); People v Gauntlett, 152 Mich App 397, 400 ; 394 NW2d 437 (1986) (“An appeal from resentencing is limited to the resentencing proceeding.”).

2017First, these claims are beyond the scope of this appeal, which is limited to resentencing. “[W]here an appellate court remands for some limited purpose following an appeal as of right in a criminal case, a second appeal as of right, limited to the scope of the remand, lies from the decision on remand.” People v Kincade, 206 Mich App 477, 481 ; 522 NW2d 880 (1994) (emphasis added); People v Gauntlett, 152 Mich App 397, 400 ; 394 NW2d 437 (1986) (“An appeal from resentencing is limited to the resentencing proceeding.”).

2016Fike, 228 Mich App at 181 .

2016Fike, 228 Mich App at 181 .

2026When the trial court does not conduct a Ginther3 hearing, our review “is limited to mistakes that are apparent on the record.” People v Anderson, 322 Mich App 622, 628 ; 912 NW2d 607 (2018) (quotation marks and citation omitted).

2026When the trial court does not conduct a Ginther3 hearing, our review “is limited to mistakes that are apparent on the record.” People v Anderson, 322 Mich App 622, 628 ; 912 NW2d 607 (2018) (quotation marks and citation omitted).

2026People v Putman, 309 Mich App 240, 247 ; 870 NW2d 593 (2015).

2026People v Putman, 309 Mich App 240, 247 ; 870 NW2d 593 (2015).

2025People v Lane, 308 Mich App 38, 68 ; 862 NW2d 446 (2014). 3 People v Ginther, 390 Mich 436 ; 212 NW2d 922 (1973). -6- Accordingly, our review of this claim “is limited to mistakes apparent on the record.” People v Jackson, 292 Mich App 583, 600 ; 808 NW2d 541 (2011).

2025People v Lane, 308 Mich App 38, 68 ; 862 NW2d 446 (2014). 3 People v Ginther, 390 Mich 436 ; 212 NW2d 922 (1973). -6- Accordingly, our review of this claim “is limited to mistakes apparent on the record.” People v Jackson, 292 Mich App 583, 600 ; 808 NW2d 541 (2011).

2025To preserve a claim of ineffective assistance of counsel for appellate review, a defendant must move in the trial court for a new trial or an evidentiary hearing, People v Head, 323 Mich App 526, 538-539 ; 917 NW2d 752 (2018), or move in this Court to remand for a Ginther3 hearing, People v Abcumby-Blair, 335 Mich App 210 , 227; 966 NW2d 437 (2020).

2025To preserve a claim of ineffective assistance of counsel for appellate review, a defendant must move in the trial court for a new trial or an evidentiary hearing, People v Head, 323 Mich App 526, 538-539 ; 917 NW2d 752 (2018), or move in this Court to remand for a Ginther3 hearing, People v Abcumby-Blair, 335 Mich App 210 , 227; 966 NW2d 437 (2020).

2025Because the trial court did not hold a Ginther3 hearing before it decided Ivey’s motion for a new trial, and this Court denied Ivey’s motion to remand for a Ginther hearing,4 “our review is limited to mistakes apparent on the record.” People v Cox, 268 Mich App 440, 453 ; 709 NW2d 152 (2005). 3 People v Ginther, 390 Mich 436 ; 212 NW2d 922 (1973). 4 People v Ivey, unpublished order of the Court of Appeals, entered November 12, 2024 (Docket No. 365368). -3- “Both the Michigan and the United States Constitutions require that a criminal defendant enjoy the assistance of counsel for his or her def

2025Because the trial court did not hold a Ginther3 hearing before it decided Ivey’s motion for a new trial, and this Court denied Ivey’s motion to remand for a Ginther hearing,4 “our review is limited to mistakes apparent on the record.” People v Cox, 268 Mich App 440, 453 ; 709 NW2d 152 (2005). 3 People v Ginther, 390 Mich 436 ; 212 NW2d 922 (1973). 4 People v Ivey, unpublished order of the Court of Appeals, entered November 12, 2024 (Docket No. 365368). -3- “Both the Michigan and the United States Constitutions require that a criminal defendant enjoy the assistance of counsel for his or her def

2025People v Lane, 308 Mich App 38, 68 ; 862 NW2d 446 (2014). 3 People v Ginther, 390 Mich 436 ; 212 NW2d 922 (1973). -6- Accordingly, our review of this claim “is limited to mistakes apparent on the record.” People v Jackson, 292 Mich App 583, 600 ; 808 NW2d 541 (2011).

2025People v Lane, 308 Mich App 38, 68 ; 862 NW2d 446 (2014). 3 People v Ginther, 390 Mich 436 ; 212 NW2d 922 (1973). -6- Accordingly, our review of this claim “is limited to mistakes apparent on the record.” People v Jackson, 292 Mich App 583, 600 ; 808 NW2d 541 (2011).

2024Because defendant did not move for a new trial or a Ginther3 hearing, our “review is limited to errors apparent on the record.” People v Seals, 285 Mich App 1, 19-20 ; 776 NW2d 314 (2009).

2024Because defendant did not move for a new trial or a Ginther3 hearing, our “review is limited to errors apparent on the record.” People v Seals, 285 Mich App 1, 19-20 ; 776 NW2d 314 (2009).

2024Because defendant did not move for a new trial or a Ginther3 hearing, our “review is limited to errors apparent on the record.” People v Seals, 285 Mich App 1, 19-20 ; 776 NW2d 314 (2009).

2024Because defendant did not move for a new trial or a Ginther3 hearing, our “review is limited to errors apparent on the record.” People v Seals, 285 Mich App 1, 19-20 ; 776 NW2d 314 (2009).

2022People v Unger, 278 Mich App 210, 253 ; 749 NW2d 272 (2008).

2022People v Unger, 278 Mich App 210, 253 ; 749 NW2d 272 (2008).

2021People v Payne, 285 Mich App 181, 188 ; 774 NW2d 714 (2009), lv den 486 Mich 925 (2010).

2021People v Payne, 285 Mich App 181, 188 ; 774 NW2d 714 (2009), lv den 486 Mich 925 (2010).