People of Michigan v. Derek James Rainbolt ( 2019 )

Order Michigan Supreme Court
Lansing, Michigan
December 11, 2019 Bridget M. McCormack,
Chief Justice
159313 David F. Viviano,
Chief Justice Pro Tem
Stephen J. Markman
PEOPLE OF THE STATE OF MICHIGAN, Brian K. Zahra
Plaintiff-Appellee, Richard H. Bernstein
Elizabeth T. Clement
v SC: 159313 Megan K. Cavanagh,
Justices
COA: 345529
Muskegon CC: 14-064458-FC
DEREK JAMES RAINBOLT,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the January 22, 2019
order of the Court of Appeals is considered. Pursuant to MCR 7.305(H)(1), in lieu of
granting leave to appeal, we REMAND this case to the Muskegon Circuit Court for
reconsideration of the defendant’s challenge to Barbara Cross’s testimony, first addressed
in the circuit court’s March 15, 2018 opinion denying relief from judgment, in light of
People v Thorpe, 504 Mich. 230 (2019). 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.
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
a1204
Clerk