Opinion
SC: 155607 COA: 333206
09-29-2017
PEOPLE of the State of Michigan, Plaintiff-Appellant, v. John Edward BARRITT, Defendant-Appellee.
Order
On order of the Court, the application for leave to appeal the February 14, 2017 judgment of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE that part of the judgment of the Court of Appeals holding that the defendant was subjected to custodial interrogation. Although the Court of Appeals properly concluded that the trial court erred by failing to apply the correct legal standards, the Court of Appeals should have remanded this case to the trial court for application of those standards in the first instance. Accordingly, we REMAND this case to the Genesee Circuit Court to determine, in light of all of the objective circumstances surrounding the interrogation: (1) whether a reasonable person would have felt that he was not at liberty to terminate the interrogation and leave; and (2) whether the environment presented the same inherently coercive pressures as the type of station house questioning at issue in Miranda v. Arizona , 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). See Howes v. Fields , 565 U.S. 499, 509, 132 S.Ct. 1181, 182 L.Ed.2d 17 (2012) ; Yarborough v. Alvarado , 541 U.S. 652, 663, 124 S.Ct. 2140, 158 L.Ed.2d 938 (2004) ; People v. Elliott , 494 Mich. 292, 308, 833 N.W.2d 284 (2013).
We do not retain jurisdiction.