People of Michigan v. Lavelle Wesley Searcy ( 2019 )

Order Michigan Supreme Court Lansing, Michigan November 20, 2019 Bridget M. McCormack, Chief Justice David F. Viviano, Chief Justice Pro Tem 159387 Stephen J. Markman Brian K. Zahra Richard H. Bernstein PEOPLE OF THE STATE OF MICHIGAN, Elizabeth T. Clement Plaintiff-Appellee, Megan K. Cavanagh, Justices v SC: 159387 COA: 346866 Macomb CC: 2017-002863-FH 2017-002864-FH 2017-002865-FH LAVELLE WESLEY SEARCY, Defendant-Appellant. _________________________________________/ By order of July 2, 2019, the prosecuting attorney was directed to answer the application for leave to appeal the February 13, 2019 order of the Court of Appeals. On order of the Court, the answer having been received, the application for leave to appeal is again considered and, 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. On remand, that court shall address whether a prosecuting attorney’s office may unilaterally block an individual seeking placement in a mental health court from the “preadmission screening and evaluation assessment” required by MCL 600.1093(3), which, pursuant to subsection (3)(c) of that statute, must include “[a] mental health assessment, clinical in nature, and using standardized instruments that have acceptable reliability and validity, meeting diagnostic criteria for a serious mental illness, serious emotional disturbance, co-occurring disorder, or developmental disability.” 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. November 20, 2019 s1113 Clerk