Opinion
365951
10-16-2023
People of Michigan v. Jayneel Ravindra Jade
LC No. 2022-023839-FH
Kathleen A. Feeney Presiding Judge Douglas B. Shapiro Christopher P. Yates Judges
ORDER
The delayed application for leave to appeal is GRANTED, limited to the issues raised in the application and one additional issue. This Court must resolve the question of which standard of review applies to entrapment rulings. In People v Johnson, 466 Mich. 491; 647 N.W.2d 480 (2002), our Supreme Court stated that "[a] trial court's finding of entrapment is reviewed for clear error." Id. at 497. That standard of review has been applied numerous times by our Court with a citation to Johnson. But a separate line of cases has relied on People v Fyda, 288 Mich.App. 446; 793 N.W.2d 712 (2010), where we stated: "Whether entrapment occurred is determined by considering the facts of each case and is a question of law for this Court to decide de novo." Id. at 456. In order to resolve this conflict in Michigan law, we grant defendant's application for leave to appeal the trial court's ruling on entrapment here and instruct the parties to brief the issue on appeal.