People of Michigan v. Michael Ward ( 2018 )

Order Michigan Supreme Court
Lansing, Michigan
January 3, 2018 Stephen J. Markman,
Chief Justice
Brian K. Zahra
Bridget M. McCormack
154990 & (24)(28) David F. Viviano
Richard H. Bernstein
Kurtis T. Wilder
Elizabeth T. Clement,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 154990
COA: 333477
Huron CC: 16-105386-AR
MICHAEL WARD,
Defendant-Appellant.
_________________________________________/
By order of September 27, 2017, the prosecuting attorney was directed to answer
the application for leave to appeal the November 17, 2016 order of the Court of Appeals.
On order of the Court, the answer having been received, the application is again
considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we
VACATE the January 8, 2016 order of the Huron Circuit Court, which denied the
defendant’s application for leave to appeal, and we REMAND this case to that court for
reconsideration by a different circuit court judge. The circuit judge committed an error
when he reviewed on appeal, as a circuit judge, decisions that he rendered while acting as
a district court judge. See Williams v Pennsylvania, __ US __; 136 S. Ct. 1899, 1905,
1906; 195 L. Ed. 2d 132 (2016); Goldberg v Kelly, 397 U.S. 254, 271; 90 S. Ct. 1011; 25 L
Ed 2d 287 (1970); and In re Murchison, 349 U.S. 133; 75 S. Ct. 623; 99 L. Ed. 942 (1955).
The motion for appointment of legal counsel and to invite amicus briefing and the motion
to hold in abeyance are DENIED.
We do not retain jurisdiction.
I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
January 3, 2018
s1220
Clerk