People of Michigan v. George Edward Mullins Jr ( 2019 )

Order Michigan Supreme Court
Lansing, Michigan
November 20, 2019 Bridget M. McCormack,
Chief Justice
158358 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: 158358
COA: 341506
Wayne CC: 90-010785-FC
GEORGE EDWARD MULLINS, JR.,
Defendant-Appellant.
_________________________________________/
By order of May 22, 2019, the prosecuting attorney was directed to answer the
application for leave to appeal the May 7, 2018 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
VACATE the June 14, 2017 opinion of the Wayne Circuit Court denying the defendant’s
motion for relief from judgment, and we REMAND this case to the Wayne Circuit Court
for reconsideration of the defendant’s motion under MCR 6.504(B). The record does not
support the trial court’s conclusion that five witnesses presented testimony identifying the
defendant as the shooter. On remand, the trial court shall determine whether the new
evidence is credible and whether the impact of the new evidence, in conjunction with the
evidence that would be presented on retrial, would make a different result probable on
retrial. People v Johnson, 502 Mich. 541, 566-567 (2018).
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
b1113
Clerk