Opinion
368950
01-30-2024
In re Edgerrin Nicholas Fisher
LC No. 22-138372-DL
Jane E. Markey Christopher P. Yates Judges
ORDER
Douglas B. Shapiro, Presiding Judge
Pursuant to MCR 7.205(E)(2), in lieu of granting the delayed application for leave to appeal, the Court orders that the July 21, 2023 order is VACATED and this case is remanded for reconsideration. On remand, the trial court shall consider whether respondent was subjected to custodial interrogation. See In re NC,__ Mich.App. __; __N.W.2d__ (November 21, 2023, Docket No. 361548), slip op at 5-6; People v Barritt, 325 Mich.App. 556, 562-563; 926 N.W.2d 811 (2018). In addition, the trial court shall consider whether respondent voluntarily, knowingly, and intelligently waived his rights under Miranda v Arizona, 384 U.S. 436; 86 S.Ct. 1602; 16 L.Ed.2d 694 (1966), such that his statements made to the police are admissible at trial. See Barritt, 325 Mich.App. at 561-562; People v Givans, 227 Mich.App. 113, 121; 575 N.W.2d 84 (1997).
The Court does not retain jurisdiction.