Applicability of Padilla to the Holmes Youthful Trainee Act.

The Michigan Supreme Court in People v Ali Abbas, __ Mich __ (#141797, 3/9/2011)in lieu of granting leave to appeal, ordered a remand to the Court of Appeals for consideration as on leave granted. The Court of Appeals was ordered to address whether: (1) if, as the defendant contends, his trial counsel failed to advise him that he was not eligible for Holmes Youthful Trainee Act (MCL 762.11 et seq.) status, the Kalamazoo Circuit Court nevertheless correctly held that the defendant could not meet the standard for establishing entitlement to relief from judgment absent the retroactive application of Padilla v Kentucky, 599 US ___ ; 130 S Ct 1473; 176 L Ed 2d 2928 (2010); and (2) the decision in Padilla may be applied retroactively in this case.