Opinion
SC 163990 COA 352830
11-28-2023
PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v. MAURICE DESHAUN McNEELY, Defendant-Appellant.
Wayne CC: 19-006172-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 May 31, 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 Posey (Docket No. 162373) and People v Stewart (Docket No. 162497). On order of the Court, 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.