Opinion
Docket No. 147449. COA No. 311257.
2013-11-27
PEOPLE of the State of Michigan, Plaintiff–Appellee, v. Frederick FREEMAN, Defendant–Appellant.
Order
On order of the Court, the application for leave to appeal the May 30, 2013 order of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we REMAND this case to the Court of Appeals for consideration as on leave granted. While retaining jurisdiction, the Court of Appeals shall then remand the case to the St. Clair Circuit Court, which shall conduct an evidentiary hearing to determine whether the issue raised by the defendant merits the relief requested. Upon making its findings, the St. Clair Circuit Court shall return the case to the Court of Appeals, which shall then review the lower court's findings and determine whether to affirm, reverse, or order other relief. McCORMACK, J., not participating because of her prior involvement in this case as counsel for a party.