Opinion
Docket No. 144302. COA No. 298262.
2012-05-25
PEOPLE of the State of Michigan, Plaintiff–Appellee, v. Burton David CORTEZ, Defendant–Appellant.
Prior report: 294 Mich.App. 481,811 N.W.2d 25.
Order
On order of the Court, the application for leave to appeal the October 27, 2011 judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we VACATE that part of the Court of Appeals opinion holding that the failure to provide Miranda warnings did not violate the defendant's Fifth Amendment rights. We REMAND this case to the Court of Appeals for reconsideration of that issue in light of Howes v. Fields, 565 U.S. ––––, 132 S.Ct. 1181, 182 L.Ed.2d 17 (2012). 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.