Opinion
SC 163157 (79) COA 349090
03-30-2022
PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v. THOMAS ASHLEY CASSON, Defendant-Appellant.
Kalamazoo CC: 2018-001195-FC
Bridget M. McCormack, Chief Justice Brian K. Zahra David F. Viviano Richard H. Bernstein Elizabeth T. Clement Megan K. Cavanagh Elizabeth M. Welch, Justices
ORDER
On order of the Court, the motion for reconsideration of this Court's December 1, 2021 order is considered, and it is DENIED, because we are not persuaded that reconsideration of our previous order is warranted. MCR 7.311(G).
Cavanagh, J. (concurring).
I concur in the Court's order denying defendant's motion for reconsideration of the Court's December 21, 2021 order. I write separately, however, to express that this denial is without prejudice to defendant's ability to file a motion for relief from judgment under MCR Subchapter 6.500 based on defendant's claim that the trial court improperly instructed the jury that it "may" consider the two counts of first-degree criminal sexual conduct separately, as well as the issue of whether appellate counsel was ineffective for not raising this issue on appeal.