People of Michigan v. Shane David Fountain ( 2020 )

Order Michigan Supreme Court Lansing, Michigan November 4, 2020 Bridget M. McCormack, Chief Justice 161373 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: 161373 COA: 352699 Macomb CC: 2019-001604-FH SHANE DAVID FOUNTAIN, Defendant-Appellant. _________________________________________/ On order of the Court, the application for leave to appeal the April 2, 2020 order of the Court of Appeals is 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, which shall hold this case in abeyance pending its decision in People v Lewis (Court of Appeals Docket No. 350287). After Lewis is decided, the Court of Appeals shall reconsider this case in light of Lewis. In all other respects, leave to appeal is DENIED, because we are not persuaded that the remaining question presented should be reviewed by this Court. 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. November 4, 2020 p1028 Clerk