Opinion
SC: 162887 COA: 354927
04-28-2021
PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Reginald Lamarr DAVIS, Defendant-Appellant.
Order
On order of the Court, the motion for immediate consideration is GRANTED. The application for leave to appeal the April 16, 2021 order of the Court of Appeals is considered. Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE the April 16, 2021 order staying the effect of the Wayne Circuit Court's order granting pretrial release to the appellant pending the resolution of the appellee's appeal of that order. MCR 6.106(H)(1) states that "[t]he reviewing court may not stay, vacate, modify, or reverse the release decision except on finding an abuse of discretion." The April 16, 2021 stay order did not find that the trial court abused its discretion. And in the Court of Appeals April 22, 2021 judgment affirming the trial court, it expressly held that the trial court did not abuse its discretion by granting the appellant's motion for pretrial release. Accordingly, MCR 6.106(H)(1) precludes the Court of Appeals from staying the effect of the trial court's release decision.
We do not retain jurisdiction.