Opinion
SC: 161744 COA: 349359
03-31-2021
PEOPLE of the State of Michigan, Plaintiff-Appellee, v. David Arnold CLIFFORD, Defendant-Appellant.
Order
On order of the Court, the application for leave to appeal the May 28, 2020 judgment of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we REVERSE that part of the Court of Appeals judgment ordering reinstatement of the identity theft charge. As explained by dissenting Judge Jansen, in the absence of evidence that the decedent did not actually use or authorize the use of his bank card, there was not probable cause to bind over the defendant on the identity theft charge. In all other respects, leave to appeal is DENIED, because we are not persuaded that the remaining question presented should be reviewed by this Court.
We do not retain jurisdiction.
Zahra, J., did not participate due to a familial relationship with counsel of record.