Opinion
SC 163619 COA 354377
11-28-2023
PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v. KEINO TIYWAN NABORS, Defendant-Appellant.
Kalamazoo CC: 2019-000136-FH
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 3, 2022, the application for leave to appeal the August 12, 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 and, 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.