Opinion
SC: 158358 COA: 341506
11-20-2019
PEOPLE of the State of Michigan, Plaintiff-Appellee, v. George Edward MULLINS, Jr., Defendant-Appellant.
Order
By order of May 22, 2019, the prosecuting attorney was directed to answer the application for leave to appeal the May 7, 2018 order of the Court of Appeals. On order of the Court, the answer having been received, the application for leave to appeal is again considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE the June 14, 2017 opinion of the Wayne Circuit Court denying the defendant’s motion for relief from judgment, and we REMAND this case to the Wayne Circuit Court for reconsideration of the defendant’s motion under MCR 6.504(B). The record does not support the trial court’s conclusion that five witnesses presented testimony identifying the defendant as the shooter. On remand, the trial court shall determine whether the new evidence is credible and whether the impact of the new evidence, in conjunction with the evidence that would be presented on retrial, would make a different result probable on retrial. People v. Johnson , 502 Mich. 541, 566-567, 918 N.W.2d 676 (2018).