Opinion
SC:144302 COA: 298262 Montcalm CC: 2009-012502-FH
05-25-2012
PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v. BURTON DAVID CORTEZ, Defendant-Appellant.
Order
, Jr.,
Chief Justice
Michael F. Cavanagh
Marilyn Kelly
Stephen J. Markman
Diane M. Hathaway
Mary Beth Kelly
Brian K. Zahra,
Justices
On order of the Court, the application for leave to appeal the October 21, 2011 judgment of the Court of Appeals is considered and, pursuant to MCR 1.302(H)(1), in lieu of granting leave to appeal, we VACATE that part of the Court of Appeals opinion holding that the failure to provide Miranda warnings did not violate the defendant's Fifth Amendment rights. We REMAND this case to the Court of Appeals for reconsideration of that issue in light of Howes v Fields, 565 US _; 132 S Ct 1181; 182 L Ed 2d 11 (2012). 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.
I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.
____________________________
Clerk