Opinion
371563
11-04-2024
PEOPLE OF MICHIGAN v. SULLIVAN SCOTT ALLEN
LC No. 24-001573-FH
Michael J. Riordan Presiding Judge, Noah P. Hood, Randy J. Wallace, Judges
ORDER
The motion for immediate consideration is GRANTED.
The motion for peremptory reversal pursuant to MCR 7.211(C)(4) is DENIED as moot.
Pursuant to MCR 7.205(E)(2), in lieu of granting the delayed application for leave to appeal, the Court VACATES the June 14, 2024 order of the Kent Circuit Court and REMANDS this matter to the trial court for reconsideration of defendant's motion for a competency evaluation. The trial court shall consider the April 16, 2024 competency report from the Center for Forensic Psychiatry, the April 30, 2024 order declaring defendant incompetent to stand trial, and the July 10, 2024 progress report filed in lower court docket no. 24-000470-FY as evidence of defendant's incompetency to stand trial. The parties may offer additional evidence of defendant's incompetency or his restoration to competence. If the trial court finds defendant incompetent to stand trial, the court's order shall memorialize the finding nunc pro tunc to April 30, 2024, the date defendant was declared incompetent in lower court docket no. 24-000470-FY.
This order has immediate effect. MCR 7.215(F)(2). We do not retain jurisdiction.