People of Michigan v. Franklyn Dimun Garrison ( 2019 )

Order Michigan Supreme Court Lansing, Michigan December 11, 2019 Bridget M. McCormack, Chief Justice 157417 & (77)(78) 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: 157417 COA: 334063 Wayne CC: 15-007041-FC FRANKLYN DIMUN GARRISON, Defendant-Appellant. _____________________________________/ By order of July 29, 2019, the prosecutor was directed to answer Issue VI of the application for leave to appeal the January 30, 2018 judgment of the Court of Appeals. On order of the Court, the answer having been received, the application for leave to appeal 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 of the two issues not addressed by that court during its initial review of this case – Issues V and VI in the defendant’s supplemental brief, filed under AO 2004-6 (Minimum Standards for Indigent Criminal Appellate Defense Services), Standard 4. 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 motions for peremptory reversal and for the appointment of counsel 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. December 11, 2019 t1204 Clerk