Opinion
SC: 156922 COA: 338837
10-29-2019
PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Ryan William COLE, Defendant-Appellant.
Order
By order of July 3, 2018, the application for leave to appeal the October 25, 2017 order of the Court of Appeals was held in abeyance pending the decision in People v. Harbison (Docket No. 157404). On order of the Court, the case having been decided on July 11, 2019, 504 Mich. –––– (2019), the application is again considered. Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we REMAND this case to the Court of Appeals for consideration, as on leave granted, whether the prosecution’s expert impermissibly vouched for the credibility of the alleged victim. See People v. Thorpe , 504 Mich. ––––, ––– N.W.2d ––––, 2019 WL 3059550 (2019) (Docket No. 156777) ; People v. Smith , 425 Mich. 98, 109, 387 N.W.2d 814 (1986). In all other respects, leave to appeal is DENIED, because we are not persuaded that the remaining questions presented should be reviewed by this Court. The motion to suppress statement is DENIED.
We do not retain jurisdiction.