Opinion
SC 165606 (19) COA 365350
06-20-2024
PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellant, v. MATTHEW LEWINSKI, Defendant-Appellee.
Macomb CC: 2022-001230-FC
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 June 2, 2023, the application for leave to appeal the April 26, 2023 order of the Court of Appeals was held in abeyance pending the decision in People v Ghunaim (Docket No. 165109). On order of the Court, leave to appeal having been denied in Ghunaim on March 15, 2024, 513 Mich. 1036 (2024), the application is again considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we REMAND this case to the Court of Appeals for consideration as on leave granted.
We further ORDER that the stay entered by this Court on May 10, 2023 remains in effect until completion of this appeal. On motion of a party or on its own motion, the Court of Appeals may modify, set aside, or place conditions on the stay if it appears that the appeal is not being vigorously prosecuted or if other appropriate grounds appear.
The motion to strike is DENIED.