People of Michigan v. Ryan William Cole ( 2019 )

Order Michigan Supreme Court
Lansing, Michigan
October 29, 2019 Bridget M. McCormack,
Chief Justice
156922 & (22) David F. Viviano,
Chief Justice Pro Tem
Stephen J. Markman
Brian K. Zahra
PEOPLE OF THE STATE OF MICHIGAN, Richard H. Bernstein
Plaintiff-Appellee, Elizabeth T. Clement
Megan K. Cavanagh,
Justices
v SC: 156922
COA: 338837
Lenawee CC: 14-017258-FC
RYAN WILLIAM COLE,
Defendant-Appellant.
_________________________________________/
By order of July 3, 2018, the application for leave to appeal the October 25, 2017
order of the Court of Appeals was held in abeyance pending the decision in People v
Harbison (Docket No. 157404). On order of the Court, the case having been decided on
July 11, 2019, 504 Mich ___ (2019), the application is again considered. Pursuant to MCR
7.305(H)(1), in lieu of granting leave to appeal, we REMAND this case to the Court of
Appeals for consideration, as on leave granted, whether the prosecution’s expert
impermissibly vouched for the credibility of the alleged victim. See People v Thorpe, 504
Mich ___ (2019) (Docket No. 156777); People v Smith, 425 Mich. 98, 109 (1986). 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. The motion to suppress statement
is 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.
October 29, 2019
b1021
Clerk