Opinion
SC 166105 (15) (16) COA 367085
09-15-2023
Ingham CC: 22-000656-FC
Elizabeth T. Clement, Chief Justice Brian K. Zahra David F. Viviano Richard H. Bernstein Megan K. Cavanagh Elizabeth M. Welch Kyra H. Bolden, Justices
ORDER
On order of the Court, the motion for immediate consideration is GRANTED. The application for leave to appeal the September 5, 2023 order of the Court of Appeals is considered, and it is DENIED, because we are not persuaded that the question presented should be reviewed by this Court. The motion for stay is DENIED.
CAVANAGH, J. (concurring).
I concur with the Court's order denying leave to appeal. I note that this denial is without prejudice to defendant asking the trial court to reconsider its decision in light of defendant's representation in this Court that he has added an expert to his witness list who would advise the jury on the effects of cocaine when combined with alcohol and other substances.
BOLDEN, J., joins the statement of CAVANAGH, J.