Opinion
SC: 159883 COA: 337796
07-01-2020
PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Derryl Wade SHELTON, Defendant-Appellant.
Order
On order of the Court, the application for leave to appeal the November 27, 2018 judgment of the Court of Appeals is considered. Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we REMAND this case to the Court of Appeals to consider whether the prosecutor's references to the defendant's prearrest silence were relevant and admissible under MRE 401 and MRE 403, see People v. Cetlinski , 435 Mich. 742, 760-761, 460 N.W.2d 534 (1990), and if not, whether it is more probable than not that the error was outcome determinative, People v. Musser , 494 Mich. 337, 835 N.W.2d 319 (2013).
The Court of Appeals shall forward its decision on remand to the Clerk of this Court within 56 days of the date of this order.
We retain jurisdiction.