Opinion
SC 165353 (10) COA 363960
11-28-2023
PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v. KENNETH HAROLD RATHBURN, Defendant-Appellant.
Eaton CC: 2020-020256-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
On order of the Court, the application for leave to appeal the December 28, 2022 order of the Court of Appeals is 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 reconsideration in light of People v Posey, 512 Mich. ___ (July 31, 2023) (Docket No. 162373). 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. The motion to appoint counsel is DENIED.
We do not retain jurisdiction.