Opinion
SC 164059 COA 353569
11-28-2023
PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v. CHAD CARL FISCHER, Defendant-Appellant.
Ionia CC: 2018-017635-FH
Elizabeth T. Clement, Chief Justice Brian K. Zahra David F. Viviano Richard H. Bernstein Megan K. Cavanagh Elizabeth M. Welch Kyra H. Bolden, Justices
ORDER
By order of May 3, 2022, the application for leave to appeal the December 16, 2021 judgment of the Court of Appeals was held in abeyance pending the decisions in People v Johnson (Docket No. 163073), People v Posey (Docket No. 162373), and People v Stewart (Docket No. 162497). On order of the Court, leave to appeal having been denied in Johnson on July 7, 2023, 511 Mich. 1047 ____ (2023), Posey having been decided on July 31, 2023, 512 Mich. (2023), and Stewart having been decided on July 31, 2023, 512 Mich. ____ (2023), the application is again considered. Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE the judgment of the Court of Appeals to the extent that it is inconsistent with our decision in Posey and REMAND this case to that court for reconsideration in light of Posey. In all other respects, leave to appeal is DENIED, because we are not persuaded that the remaining questions presented should be reviewed by this Court.
We do not retain jurisdiction.