Opinion
SC 163152 COA 356116
01-04-2022
Genesee CC: 10-026759-FC
Bridget M. McCormack, Chief Justice Brian K. Zahra David F. Viviano Richard H. Bernstein Elizabeth T. Clement Megan K. Cavanagh Elizabeth M. Welch, Justices
ORDER
On order of the Court, the application for leave to appeal the April 22, 2021 order of the Court of Appeals is considered. Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we REMAND this case to the Genesee Circuit Court to address the defendant's argument that newly discovered evidence supports his claim that he is actually innocent, which was raised by the defendant in his motion for relief from judgment (Issue V) but was not addressed in the circuit court's December 18, 2020 order denying the motion for relief from judgment.
We do not retain jurisdiction.