Opinion
SC: 162866 COA: 356346
10-08-2021
PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Antonio Junior LOBLEY, Defendant-Appellant.
Order
On order of the Court, the application for leave to appeal the March 23, 2021 order of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE the order of the Court of Appeals, and we REMAND this case to the Berrien Circuit Court for a new competency hearing. As noted by concurring Judge Markey, the record sustains the defendant's claims that the trial court exhibited confusion regarding the nature of the proceedings and may have applied an incorrect legal standard when resolving the issue of the defendant's competency to stand trial. Under these circumstances, a new hearing is warranted to determine competency under the correct legal standard. See MCL 330.2020.
We do not retain jurisdiction.