Opinion
370133
10-17-2024
PEOPLE OF MICHIGAN v. RYAN CHARLES DIEMOND
LC No. 2013-000101-FH
Michael J. Riordan Presiding Judge Noah P. Hood Randy J. Wallace Judges
ORDER
Pursuant to MCR 7.205(E)(2), in lieu of granting the application for leave to appeal, the Court VACATES that portion of the February 29, 2024 order of the Kalamazoo Circuit Court addressing the constitutionality of the entry and search of the fire-damaged apartment and the related claims of trial and appellate counsel ineffectiveness. This matter is REMANDED to the trial court to reconsider these issues after holding an evidentiary hearing.
In all other regards, the application is DENIED because defendant has failed to establish that the trial court erred in denying the motion for relief from judgment.
We do not retain jurisdiction. This order has immediate effect. MCR 7.215(F)(2).