PEOPLE OF MI V PAUL DENNIS HOLDEN (Dissenting Opinion)
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STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED October 25, 2012 Plaintiff-Appellee, v No. 304364 Kalamazoo Circuit Court LC No. 2011-000087-FH PAUL DENNIS HOLDEN, Defendant-Appellant. Before: MARKEY, P.J., and SHAPIRO and RONAYNE KRAUSE, JJ. SHAPIRO, J. (dissenting). I respectfully dissent. After a full review of the existing record, I conclude that there are substantial questions as to the effectiveness of defendant s trial counsel that cannot be resolved without an evidentiary hearing. These questions include whether the acts alleged by complainant were physically possible, whether complainant was subject to effective cross-examination, and whether defense counsel failed to request relevant medical and psychological records. Given the unusual facts of this case, these issues go to the heart of the question of defendant s claim of actual innocence. The interests of both justice and efficiency require that these issues be addressed in this appeal of right, rather than in subsequent post-conviction motions or applications for leave. Accordingly, I would remand the case to the trial court for a Ginther1 hearing and would retain jurisdiction so that we may properly resolve this appeal on the basis of a full record. /s/ Douglas B. Shapiro 1 People v Ginther, 390 Mich 436; 212 NW2d 922 (1973). -1-
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