Opinion
SC: 158681 COA: 343166
12-23-2019
PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Gregory Lee BERRY, Defendant-Appellant.
Order
By order of June 12, 2019, the prosecuting attorney was directed to answer the application for leave to appeal the September 20, 2018 order of the Court of Appeals. On order of the Court, the answer having been received, the application and the motion to remand are again considered. Pursuant to MCR 7.305(H)(1), in lieu of granting the application for leave to appeal, we VACATE the April 4, 2017 opinion of the Wayne Circuit Court denying the defendant’s motion for relief from judgment, and we REMAND this case to the Wayne Circuit Court for reconsideration of the defendant’s motion under MCR 6.508(D) in light of People v. Johnson , 502 Mich. 541, 918 N.W.2d 676 (2018). On remand, the trial court shall determine whether the new evidence is credible and whether the impact of the new evidence, in conjunction with the evidence that would be presented on retrial, would make a different result probable on retrial. Id. at 566-567, 918 N.W.2d 676. In all other respects, leave to appeal is DENIED, because the defendant has failed to meet the burden of establishing entitlement to relief under MCR 6.508(D).
We do not retain jurisdiction.