People v. Braswell

1

People of Michigan v. Darrin Braswell

No. 366590

Court of Appeals of Michigan

October 30, 2023

LC No 02-007221-01-FC

Christopher M. Murray Presiding Judge, Kirsten Frank Kelly Noah P. Hood Judges

ORDER

The motion to file an amended application is GRANTED.

The delayed application for leave to appeal is DENIED. With respect to the scope of the proceedings, only the plea-offer issue was appealed to this Court, and only that issue was discussed in this Court's prior remand order. Further the verdict-form issue plainly lacks merit. It is not a claim of new evidence or of a retroactive change in the law, and is thus barred by MCR 6.502(G). And, to the extent defense counsel now proposes raising additional issues for the first time in this application, that is improper. Regarding the scope of defendant's waiver of the attorney-client privilege, the trial court was incorrect to the extent it believed that the waiver of the privilege was an "all or nothing" proposition. limitations proposed by defense counsel below appear too narrow. See, e.g., People v Cowhy, 330 Mich.App. 452, 473-474; 948 N.W.2d 632 (2019) (in the context of an ineffective-assistance claim, the waiver of the attorney-client privilege is not for "all time and all purposes. It relates only to the specific claim of malpractice or ineffectiveness"). But defendant's proposed limitations below were too narrow. The waiver must be deemed to...