People v. Aceval

Decision Date19 March 2008
Docket NumberDocket No. 135149.,COA No. 279017.
Citation745 N.W.2d 749
PartiesPEOPLE of the State of Michigan, Plaintiff-Appellee, v. Alexander ACEVAL, Defendant-Appellant.
CourtMichigan Supreme Court

On order of the Court, the application for leave to appeal the October 5, 2007 order of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we REMAND this case to the Court of Appeals for consideration, as on leave granted, of whether the defendant was denied the right to counsel of his choice under United States v. Gonzalez-Lopez, 548 U.S. 140, 126 S.Ct. 2557, 165 L.Ed.2d 409 (2006), and for consideration of whether the prosecution's acquiescence in the presentation of perjured testimony amounts to misconduct that deprived the defendant of due process such that retrial should be barred. In all other respects, leave to appeal is DENIED, because we are not persuaded that the remaining questions presented should be reviewed by this Court.

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3 cases
  • Aceval v. Maclaren
    • United States
    • U.S. District Court — Eastern District of Michigan
    • 21 Octubre 2013
    ...testimony amounts to misconduct that deprived the defendant of due process such that retrial should be barred.” People v. Aceval, 480 Mich. 1108, 745 N.W.2d 749 (2008). On remand, the Michigan Court of Appeals affirmed Petitioner's conviction in a published opinion. People v. Aceval (On Rem......
  • People v. Aceval
    • United States
    • Court of Appeal of Michigan — District of US
    • 5 Febrero 2009
    ...testimony amounts to misconduct that deprived the defendant of due process such that retrial should be barred. [People v. Aceval, 480 Mich. 1108, 745 N.W.2d 749 (2008).] We now consider these issues on remand2 and I. FACTS AND PROCEDURAL HITORY This matter arises out of an illegal drug tran......
  • Gonzalez v. St. John Hosp. & Medical Center, Docket No. 134749.
    • United States
    • Michigan Supreme Court
    • 19 Marzo 2008

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