People v. McGhee, 919 N.W.2d 70, 503 Mich. 886 (2018)

Oct. 30, 2018 · Michigan Supreme Court · SC: 157460; COA: 340080
919 N.W.2d 70, 503 Mich. 886

PEOPLE of the State of Michigan, Plaintiff-Appellee,
v.
Larry A. MCGHEE, Defendant-Appellant.

SC: 157460
COA: 340080

Supreme Court of Michigan.

October 30, 2018

Order

On order of the Court, the motion to amend the application is GRANTED. The application for leave to appeal the February 22, 2018 order of the Court of Appeals is considered, and it is DENIED, because the defendant has failed to meet the burden of establishing entitlement to relief under MCR 6.508(D). The motion to remand for resentencing, the motion to remand for an evidentiary hearing pursuant to People v. Ginther , 390 Mich. 436, 212 N.W.2d 922 (1973), and the motion to remand for a hearing pursuant to Franks v. Delaware , 438 U.S. 154, 98 S.Ct. 2674, 57 L.Ed.2d 667 (1978), are DENIED.