DocketNumber： 158027
Filed Date： 3/18/2020
Status： Precedential
Modified Date： 3/19/2020
Order Michigan Supreme Court Lansing, Michigan March 18, 2020 Bridget M. McCormack, Chief Justice 158027 & (8)(19) 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: 158027 Megan K. Cavanagh, Justices COA: 343181 Wayne CC: 06-000343-FC ROOSEVELT PATTERSON PETTIFORD, Defendant-Appellant. _____________________________________/ By order of May 28, 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 and motions to remand are again considered. Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we REMAND this case to the Wayne Circuit Court for an evidentiary hearing, to determine whether the defendant’s claim of newly discovered evidence entitles him to relief from judgment under MCR 6.508(D). People v Johnson,502 Mich. 541
(2018). We decline the prosecutor’s request to stay proceedings on remand pending the completion of the Conviction Integrity Unit’s investigation, although we do so without prejudice to the prosecutor seeking such relief from the trial court on remand. 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. March 18, 2020 b0311 Clerk